Agencies Begin Providing Rules for No Surprises Act Implementation

Summary

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.