Agencies Begin Providing Rules for No Surprises Act Implementation


On July 1, 2021, the Departments of Labor, Treasury, and Health and Human Services (the Departments) released part one of what will be a series of regulations implementing the surprise medical billing provisions of the Consolidated Appropriations Act, 2021 (the No Surprises Act or the Act). 86 Fed. Reg. 36,872 (July 13, 2021) (prepublication draft). See also HHS News Release, CMS Fact Sheet, and DOL, Model Notice. As its name suggests, the No Surprises Act establishes a robust statutory framework to protect participants against surprise medical bills from out-of-network providers and facilities providing emergency medical treatment or, unbeknownst to the participant, out-of-network providers providing certain ancillary services at in-network facilities. For more detailed information on the No Surprises Act, please see our initial client alert available here: CAA Benefits Alert: Unpacking the Benefits Provisions in the Consolidated Appropriations Act, 2021, Surprise Billing.