News & Analysis as of

Interim Final Rules (IFR) Health Care Providers

Morgan Lewis - Health Law Scan

Medicaid Unwinding: CMS to Withhold Federal Medicaid Funding from Noncompliant States

Since our publication on disenrollments caused by the “unwinding” of Medicaid’s continuous enrollment condition, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule on December 6, 2023...more

Holland & Knight LLP

Holland & Knight Health Dose: December 12, 2023

Holland & Knight LLP on

Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mission Accomplished...White House Declares an End to the Pandemic and the CMS Vaccine Mandate

On May 1, 2023, the Biden administration announced that it would be ending all of its various COVID-19 vaccination requirements on May 11, 2023, the same date as the COVID-19 national emergency and public health emergency...more

King & Spalding

Texas Medical Association Files Third Challenge to No Surprises Act

King & Spalding on

On November 30, 2022, the Texas Medical Association (TMA) filed a third lawsuit challenging the regulations implementing the No Surprises Act (NSA). TMA’s latest suit before the United States District Court for the Eastern...more

Manatt, Phelps & Phillips, LLP

Challenges to the Final August 2022 No Surprises Act Independent Dispute Resolution Rule

Controversy continues to surround the independent dispute resolution (IDR) provisions of the No Surprises Act (NSA). On November 18, bipartisan leadership of the House Ways and Means Committee sent a letter to the Secretaries...more

McDermott Will & Emery

CMS Downshifts on Expectations for Covered Healthcare Provider Staff COVID-19 Vaccination

McDermott Will & Emery on

CMS released guidance for surveyors that provides leeway in surveying for compliance with the November 2021 interim final rule with comment that imposed a vaccination mandate for most staff at certain covered provider types....more

Husch Blackwell LLP

Surprise Billing Final Regulations Issued

Husch Blackwell LLP on

The federal government recently issued final regulations revising certain aspects of the interim final regulations they had previously released implementing the surprise billing rules set forth under the No Surprises Act....more

Arnall Golden Gregory LLP

Surprise Billing Final Rule Set to Take Effect Despite Ongoing Legal Challenges

On August 19, 2022, the U.S. Departments of Health and Human Services, Labor, and Treasury issued final rules titled, “Requirements Related to Surprise Billing: Final Rules.” The rules finalize requirements under the July...more

Cozen O'Connor

New Final Rules under the No Surprises Act: Four Takeaways

Cozen O'Connor on

On August 19, 2022, the United States Departments of Health and Human Services, Labor and Treasury released final rules (“Final Rules”) revising certain provisions of their previously issued interim final rules regarding the...more

Proskauer - Health Care Law Brief

The Saga of the No Surprises Act Continues to be … Surprising

We previously noted that the regulations implementing the No Surprises Act (“NSA”) appeared to be inconsistent with the NSA because they seemed to establish the qualifying payment amount (“QPA”) as the appropriate payment...more

Bass, Berry & Sims PLC

No Surprises Act: New Regulations Improve Dispute Resolution Process for Providers

Bass, Berry & Sims PLC on

On August 19, the federal government issued a final rule addressing certain aspects of the No Surprises Act (NSA). The NSA was enacted in December 2020 to protect commercially insured patients from receiving surprise medical...more

Jones Day

Final Rule Issued to Implement the No Surprises Act's Independent Dispute Resolution Process

Jones Day on

The Centers for Medicare & Medicaid Services and other agencies together issued final regulations concerning the independent dispute resolution process for settling provider-payor disputes over reimbursement for...more

Bricker Graydon LLP

Fifth Circuit, HHS Keep No Surprises Act dispute resolution provision in limbo; Delays expected

Bricker Graydon LLP on

On February 23, 2022, the Federal Eastern District of Texas vacated the interim final rule regulations that establish the independent dispute resolution provisions of the No Surprises Act (NSA). On April 22, the Department of...more

Foley & Lardner LLP

How does the Federal No Surprises Act Impact Telemedicine Providers? Part Two

Foley & Lardner LLP on

In this second installment of this blog series on the No Surprises Act interim regulations (NSA) we discuss: i) notice and consent requirements for out of network providers providing services at participating health care...more

Morgan Lewis - ML Benefits

Surprise! Texas District Court Strikes Down Portions of No Surprises Act

In the case of Texas Medical Ass'n, et al. v. US Department of Health and Human Services, et al., the US District Court for the Eastern District of Texas on February 23 invalidated portions of the second interim final rule...more

Troutman Pepper

Providers Prevail in Challenge to No Surprises Act Interim Final Rule

Troutman Pepper on

On February 23, a Texas federal court vacated several key portions of an interim final rule (Rule) governing the No Surprises Act's (Act) independent dispute resolution (IDR) process. The court's decision has been lauded by...more

Morgan Lewis - Health Law Scan

Texas Court Strikes Down Part of Federal Surprise Billing Rules

A federal judge in Texas held on February 23 that the federal government’s interim final rule implementing the independent dispute resolution (IDR) process established by the No Surprises Act conflicted with the plain...more

Dorsey & Whitney LLP

Covid-19 Requirements for Healthcare Employers: A Recap of Where Things Stand

Dorsey & Whitney LLP on

There is a lot going on right now for healthcare employers.  The first phase of CMS’s vaccine mandate is in full effect nationwide (now including Texas), the CDC has changed masking guidance in some circumstances, and it has...more

Groom Law Group, Chartered

A Surprise Turn of Events for the No Surprises Act Dispute Resolution Process

The ongoing implementation of the No Surprises Act’s (“NSA”) prohibition on surprise balance billing, and the related independent dispute resolution (“IDR”) process between payers and providers became much less certain after...more

Dentons

Victory for Providers: Court Vacates a Portion of the No Surprises Act’s Informal Dispute Resolution Rule

Dentons on

Several provisions of the No Surprises Act took effect on January 1, 2022, including prohibitions on out of network providers balance billing patients for emergency services provided by out of network providers and facilities...more

Verrill

Surprise Medical Bills: Texas District Court Vacates Portion of Independent Dispute Resolution (IDR) Process in Agency Rule

Verrill on

The U.S. District Court for the Eastern District of Texas recently vacated a portion of the Requirements Related to Surprise Billing, Part II, Interim Final Rule (the “Rule”) regarding the independent dispute resolution (IDR)...more

Epstein Becker & Green

Federal District Court Vacates QPA Rebuttable Presumption Provisions of No Surprises Act Regulations

On February 23, 2022, in the case captioned Texas Med. Ass’n v. U.S. Dep’t of Health & Human Servs., No. 6:21-cv-00425-JDK (E.D. Tex.), the U.S. District Court for the Eastern District of Texas issued the first major judicial...more

Seyfarth Shaw LLP

No More Surprises, But Much Uncertainty Over Non-Network Bills

Seyfarth Shaw LLP on

Seyfarth Synopsis: Last summer and fall, the Departments of Treasury, Labor, and Health and Human Services issued Interim Final Rules (IFRs) [here] and [here], implementing the sweeping changes that applied to out-of-network...more

Polsinelli

Federal Court Strikes Portions of Regulations Implementing No Surprises Act

Polsinelli on

On Wednesday, February 23, 2022, a federal court in Texas struck down five controversial portions of the interim final rule (“Rule”) jointly issued by three federal executive agencies (“Departments”) that implement the...more

Robinson+Cole Health Law Diagnosis

The Joint Commission Announces COVID Vaccine Surveys Have Begun

In a February 14, 2022, press release, The Joint Commission (Joint Commission) announced that it began surveying affected facilities for compliance with the Centers for Medicare and Medicaid Services (CMS) interim final rule...more

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