Articles and Blogs

No Surprises Act

No Surprises Act IDR Extension

[07/08/24]

Posted on July 8, 2024 in Health Law News

Published by: Hall Render

Recently, the Departments of Health and Human Services, Labor and the Treasury (collectively, the “Departments”) issued an extension for health care providers impacted by the Change Healthcare cyberattack to submit out-of-network payment disputes through the federal No Surprises Act (“NSA”) independent dispute resolution (“IDR”) process. The NSA IDR process permits providers and facilities that... READ MORE

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Federal Government Finalizes 2024 No Surprises Act IDR Fees

[01/16/24]

Posted on January 16, 2024 in Health Law News

Published by: Hall Render

On December 21, 2023, the Departments of Health and Human Services, Labor and the Treasury (collectively, “the Departments”) released a final rule that sets the applicable fees for participating in the No Surprises Act’s (“NSA”) Independent Dispute Resolution (“IDR”) process. The new administrative fee and IDR entity fee ranges established under the final rule... READ MORE

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Federal Departments Update No Surprises Act IDR Process Again

[11/17/23]

Posted on November 17, 2023 in Health Law News

Published by: Hall Render

On November 3, 2023, the Departments of Health and Human Services, Labor, and the Treasury (collectively, “the Departments”) released a proposed rule that would implement significant administrative and technical changes to the No Surprises Act’s (“NSA”) Independent Dispute Resolution (“IDR”) process (the “Proposed Rule”). These changes aim to create a more efficient IDR process... READ MORE

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Proposed Rule Sets New IDR Fees in Response to Federal Court Ruling

[10/05/23]

Posted on October 5, 2023 in Health Law News

Published by: Hall Render

On September 26, 2023, the Departments of Health and Human Services, Labor, and the Treasury (collectively, “the Departments”) released a proposed rule that would again change the administrative fees for participating in the No Surprises Act’s (“NSA”) Independent Dispute Resolution (“IDR”) process. The proposed rule responds to the August 3, 2023 ruling from the... READ MORE

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Federal Court Strikes Down Seven-Fold IDR Fee Increase: The Texas Medical Association Again Defeats HHS in Court

[08/28/23]

Posted on August 28, 2023 in Health Law News

Published by: Hall Render

On August 3, 2023, the U.S. District Court for the Eastern District of Texas (the “Court”) concluded that the Department of Health and Human Services, the Department of Labor and the Department of the Treasury (collectively “the Departments”) violated statutory rulemaking procedure and therefore vacated two aspects of the Departments’ guidance related to the... READ MORE

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No Surprises Act Enforcement Begins

[02/20/23]

Posted on February 20, 2023 in Health Law News

Published by: Hall Render

More than one year after its effective date, the Centers for Medicare and Medicaid Services (“CMS”) has started investigating consumer complaints alleging provider violations of the No Surprises Act. The No Surprises Act generally: (1) prohibits balance billing for out-of-network emergency services, non-emergency services provided by out-of-network providers at in-network facilities and air ambulance... READ MORE

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CMS Delays Looming Good Faith Estimate Co-Provider Requirement

[12/05/22]

Posted on December 5, 2022 in Health Law News

Published by: Hall Render

The Centers for Medicare and Medicaid Services (“CMS”) published FAQ guidance on December 2, 2022, indefinitely extending the current enforcement discretion for non-compliance with the No Surprises Act requirement that Good Faith Estimates (“GFEs”) for uninsured or self-pay patients include expected charges from co-providers or co-facilities until future rulemaking is issued. Since January 1,... READ MORE

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Déjà Vu – Texas Medical Association Challenges No Surprises Act Again

[11/03/22]

Posted on November 3, 2022 in Health Law News

Published by: Hall Render

In October 2021, the Texas Medical Association (“TMA”) sued the Departments of Health and Human Services (“HHS”), Labor and Treasury and the Office of Personnel Management (collectively, the “Departments”) challenging an Interim Final Rule which required certified independent dispute resolution (“IDR”) entities to employ a presumption in favor of the qualifying payment amount (“QPA”)... READ MORE

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Federal Surprise Billing Round 3 – Clarifying the QPA and IDR Process

[08/31/22]

Posted on August 31, 2022 in Health Law News

Published by: Hall Render

On August 26, 2022, the U.S. Departments of Health and Human Services, Labor and the Treasury (collectively, the “Departments”) published their first final rule (“Final Rule”) implementing certain requirements of the No Surprises Act. This third round of rulemaking is narrow in scope and generally: (1) Responds to stakeholder comments related to the federal... READ MORE

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CMS Releases Guidance on No Surprises Act Implementation

[01/25/22]

Posted on January 25, 2022 in Health Law News

Published by: Hall Render

As of January 1, 2022, providers and facilities must comply with a number of requirements established by the No Surprises Act (the “Act”). CMS recently published several resource documents, as described below, to provide further clarity surrounding implementation of the Act and help providers and facilities better understand their respective compliance obligations. Background The... READ MORE

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