October 01, 2021
The Biden administration adopted a key HR Policy recommendation in its second interim final rule implementing the No Surprises Act, which will significantly impact how employers pay for emergency out-of-network health care services.
Background: The No Surprises Act bars health providers from billing patients more than what would be reimbursed for in-network services in emergencies or other circumstances when out-of-network clinicians are used. The Act also creates a process for out-of-network providers and employers to resolve payment disputes.
The interim final rule is effective for plan years beginning on or after January 1, 2022. Additional rulemakings and guidance are expected before the end of 2021.
The rule focuses on four areas of the statute relevant to employer plans:
The rule includes several HR Policy recommendations, including:
Outlook: HR Policy will be submitting comments on the IFR and will continue to engage with the Biden administration regarding upcoming rulemakings and guidance implementing the No Surprises Act.