ASA Applauds Court’s Dismissal of AANA’s Complaint Against HHS

American Society of Anesthesiologists

The American Society of Anesthesiologists (ASA) applauds the United States District Court for the Northern District of Ohio, which recently granted a motion of the U.S. Department of Health and Human Services (HHS) to dismiss the AANA’s complaint. ASA had submitted an amicus curiae (friend of the court) brief supporting HHS.

In its brief, ASA offered the perspective of anesthesiologists and corrected numerous erroneous, blanket assertions in the AANA’s complaint, in which it contended there are no differences between anesthesiologists and certified registered nurse anesthetists (CRNAs).

Incorrect assertions by the AANA:

  • “CRNAs routinely administer anesthesia independently without the need for supervision.”
    • Correction: 45 states, including the 25 subject to the federal Medicare supervision requirement, require physician oversight or other involvement in the services provided by nurse anesthetists. The “independent” or nurse-only model of anesthesia care is rare.
  • “There are no material distinctions between the educational experience of a CRNA and a physician anesthesia provider when it comes to the safe administration of anesthesia.”
    • Correction: Anesthesiologists have almost five times the hours of clinical training and nearly double the education of nurse anesthetists. There is no comparison.
  • “CRNAs and anesthesiologists do the same thing at the same level.”
    • Correction: Anesthesiologists and nurse anesthetists are not interchangeable. Anesthesiologists, who complete undergraduate school (4 years) medical school (4 years) and an anesthesiology residency program (4 years) have extensive medical education and training. Nurse anesthetists attend undergraduate nursing school and nurse anesthesia school (2-3 years). These education and training differences directly impact the ability to comprehensively manage the medical care and emergent needs of patients.

ASA’s brief explained that “These generalizations that the practice of nurse anesthetists is the same as that of anesthesiologists are, as a matter of law, incorrect.”

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