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Moral agency in medicine is being squeezed by payer audits

Kayvan Haddadan, MD
Physician
September 27, 2026
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Health care these days has encountered a genuine Catch-22 with a spiral downward effect: Declining real reimbursement rates push practices to increase patient volume to maintain revenue; higher volume compresses time for thorough documentation; and inadequate or incomplete documentation then triggers payer audits, denials, and clawbacks (recoupments) of already-paid claims, which feeds into declining reimbursement. Multiple sources discussed below, from Medicare data, physician surveys, CMS actuarial analyses, industry reports, and clinician commentary, all support each link in this chain. On the flip side, moral agency is getting eroded as a result and along with this. Moral agency is defined as the center with the ability to make choices based on notions of right and wrong and to be held accountable for them. In medicine, this should include synthesizing a patient’s unique circumstances into a coherent assessment and plan, even when external pressures push toward standardized or risk-averse actions. Multiple forces are narrowing into that space.

1. Sustained cuts in real reimbursement rates

Medicare physician fee-schedule payments have fallen substantially in inflation-adjusted terms. Adjusted for inflation, payments declined approximately 33 percent from 2001 to 2025. The conversion factor fell from roughly $38 in the early 2000s to the low $30s in recent years, with consecutive annual reductions, including about 2.83 percent for 2025. Practice costs, tracked by the Medicare Economic Index, rose much faster (roughly 39 to 63 percent over similar periods depending on the exact window).

Private insurers frequently benchmark against Medicare rates, so commercial reimbursements for independent practices often provide only modest multiples that may not fully cover rising overhead (staff, rent, malpractice, supplies). Net revenue per work RVU has stagnated or declined while expenses climb. This contributes to early retirements, sales of practices to hospitals or private-equity groups, and consolidation.

2. Physicians respond by increasing volume (and sometimes intensity)

CMS actuarial analyses and independent studies have long documented a “volume-and-intensity response.” When fees fall, physicians partially offset revenue losses by increasing the number of services or their intensity. CMS has used assumptions of roughly 30 percent offset (with ranges of 30 to 50 percent appearing in reviews). Historical examples include orthopedic surgeons increasing visit volume substantially after price cuts, largely counteracting the revenue reduction. More recent work confirms physicians increase office-based volume in response to relative reimbursement changes and that service volume can rise to offset fee cuts.

In practice, this often means seeing more patients per day. With fixed overhead and thinner margins per visit, the only short-term levers for many practices are higher throughput or longer hours.

3. Higher volume reduces time for thorough documentation

Physicians already spend large amounts of time on electronic health record (EHR) work and documentation. Ambulatory physicians average about 5.8 hours of active EHR time per 8 hours of scheduled patient care, with documentation (notes) comprising a major share (about 2.3 hours). Significant portions occur after hours or on unscheduled days. Primary care and certain medical specialties (infectious disease, endocrinology, nephrology) show even higher burdens. National estimates indicate physicians spend roughly 1.8 hours daily documenting outside office hours.

When patient volume rises to compensate for rate cuts, the time available per encounter shrinks. Notes become more templated, abbreviated, or incomplete, precisely the conditions that later fail retrospective review. Administrative tasks (prior authorization, billing, denials) already consume substantial weekly hours and drive burnout; documentation is a core part of that load.

4. Inadequate documentation triggers audits and clawbacks

Insufficient documentation is one of the most common reasons payers deny claims or demand repayment. Payers (Medicare, Medicaid, commercial insurers) review records for medical necessity, support for the billed level of service (especially E/M codes), diagnosis-procedure alignment, time documentation where required, and signatures. Common deficiencies include vague notes (“follow-up”), missing chief complaints, cloned/template language, incomplete histories or plans, and mismatches between what was billed and what the chart supports.

Audits have increased, aided by AI-driven tools that flag incomplete notes, coding mismatches, or patterns. Recovery of alleged overpayments is contractually and legally permitted; Medicare Recovery Audit Contractors work on contingency fees, and commercial payers conduct similar retrospective reviews, which sometimes happen years later. Extrapolation from samples can amplify the financial impact. Clinical documentation issues drove substantial rises in denials in recent years (e.g., clinical denials up about 51 percent in one multi-year analysis).

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Even when care was appropriate, notes written under time pressure may not meet the retrospective standard applied by auditors or algorithms. Appeals exist but are time-intensive and further divert resources.

How this erodes moral agency

The conditions required for moral agency (time for deliberation, reasonable autonomy within professional standards, and accountability that remains primarily clinical) are precisely what these pressures undermine.

  • Time, reflection, and AI documentation tools: Writing and revising a note has traditionally forced a second look at the history, exam findings, and differential. AI ambient scribes can produce polished notes efficiently and reduce some documentation time. Yet studies comparing AI-generated notes with clinician-authored ones have found lower scores on thoroughness, organization, and clinical usefulness in standardized scenarios, particularly under real-world conditions such as background noise or accents. Helen Ouyang, MD, writing in The New York Times Magazine, has asked what happens when AI performs the summary step that previously required the physician to rethink the encounter. If review becomes cursory under productivity pressure, the opportunity for deeper synthesis shrinks. Patients already report feeling less heard in rushed visits; important details may be suppressed. The physician’s professional responsibility does not end with accurate data capture; it begins with integrating observations into clinical judgment.
  • External constraints on judgment: Guidelines, payer policies, regulatory scrutiny, and enforcement climate increasingly shape what physicians feel they can safely do. In chronic pain management, the 2016 CDC Guideline for Prescribing Opioids for Chronic Pain was widely misinterpreted as hard dosage limits (e.g., 90 MME/day). The CDC itself later acknowledged that policies derived from the guideline produced rigid thresholds, rapid or forced tapering, patient dismissal, and restricted access, contributing to untreated pain, withdrawal, psychological distress, and other harms. The 2022 update explicitly cautioned against these practices and emphasized individualized, collaborative decision-making. Patient accounts of forced dose reductions, refusal of dual prescriptions, pharmacy denials, and labeling as “drug-seeking” after honest disclosure illustrate how fear of scrutiny can override individualized assessment. These patterns reflect constrained agency more than isolated clinical errors.
  • AI as amplifier: Large language models can surface extensive literature but currently tend to favor consensus patterns. Without deliberate prompting for minority or contradictory evidence, the path of least resistance in a high-pressure environment is to accept the first coherent output. Used strictly as a documentation assistant that records the clinician’s observations, AI can free cognitive resources. Used as a surrogate for the synthesis step, it risks further displacing independent moral and clinical judgment.

The closed loop and broader consequences

The cycle is self-reinforcing: rate pressure → higher volume → thinner documentation → audit risk and clawbacks → further revenue instability → more pressure to increase volume or cut costs (or exit independent practice). This contributes to physician burnout (administrative burden and EHR work rank among top drivers), practice consolidation, reduced access (especially in primary care and rural/underserved areas), and higher system costs downstream when patients present later or in higher-acuity settings.

Not every audit finding reflects intentional misconduct; many stem from genuine time constraints and evolving documentation expectations. Fraud detection remains necessary, but the practical asymmetry is clear: Clinicians deliver care under real-time constraints and liability, while payers apply scaled, retrospective scrutiny and retain recovered funds.

Mitigating factors and responses

Some practices invest in scribes, team-based documentation, internal audits, coding education, or EHR optimization to improve note quality without proportionally increasing physician time. Others negotiate rates, drop certain payers, shift toward cash-pay or membership models, or join larger systems that can absorb administrative costs. Policy discussions include better inflation-linked updates to the fee schedule, limits on retrospective recovery windows, greater transparency in AI audit criteria, reduced low-value prior authorizations, and documentation standards that remain clinically relevant rather than purely administrative.

Consequences and a constructive path

When moral agency is narrowed, patients with complex or stigmatized conditions lose access to individualized care. Clinicians experience moral distress and the recognition of what they believe is right colliding with institutional, regulatory, or financial barriers. Burnout, early exit from practice, and consolidation into systems that further standardize decisions follow. The modern reading of the Hippocratic obligation of “first, do no harm” becomes harder to fulfill when the system systematically disadvantages careful, patient-centered deliberation.

Remedies do not require rejecting technology or accountability. Documentation must remain accurate enough to support legitimate payment and quality oversight. AI can serve as a useful assistant if its role is limited to capturing observations and history, leaving assessment and plan to human synthesis. Payment systems that better track practice costs, reductions in low-value administrative requirements, clearer limits on retrospective recovery practices, and regulatory frameworks that distinguish medical decision-making for complex patients from diversion can restore some of the conditions under which moral agency can be exercised. Recognition of the pattern is a necessary first step.

Kayvan Haddadan is a physiatrist and pain management physician, and president and medical director of Advanced Pain Diagnostic & Solutions, a multidisciplinary pain management practice in California that he founded in 2012. A physician and surgeon licensed by the Medical Board of California, he is double board-certified in pain medicine and physical medicine and rehabilitation. He is also certified in controlled substance registration through the DEA and serves as a qualified medical examiner through California’s Department of Industrial Relations Division of Workers’ Compensation.

Dr. Haddadan earned his Bachelor of Science degree from the College of Alborz in Tehran, Iran, and his medical degree from Shahid Beheshti University of Medical Sciences. He later received his Educational Commission for Foreign Medical Graduates certification in Philadelphia, completed an internship in medical surgery at Loyola University Medical Center’s Stritch School of Medicine in Illinois, and finished his residency in physical medicine and rehabilitation at the same institution. He completed his fellowship in pain medicine at California Pacific Medical Center’s Pacific Pain Treatment Center and also trained in medical acupuncture for physicians at the University of California, Los Angeles David Geffen School of Medicine.

Dr. Haddadan has contributed to 29 research publications across multiple specialties, including pain management, cardiology, pulmonology, endocrinology, gastroenterology, and infectious disease. His work has examined topics such as hyperlipidemia in high cardiovascular risk patients, hyperuricemia and gout management, type 2 diabetes and hypertension, chronic obstructive pulmonary disease and asthma therapies, influenza treatment, irritable bowel syndrome, and opioid related complications in chronic pain care. His research has also included clinical outcome studies in spinal cord stimulation and award-winning presentations on neuropathic pain management and neuromuscular disorders.

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