News & Analysis as of

Out of Network Provider Arbitration

Proskauer - Health Care Law Brief

No Surprises Here!  Divergent Court Rulings Spotlight Ongoing Challenges in No Surprises Act Implementation; Tee Up Split in...

Two District Courts have reached opposite conclusions on the enforceability of arbitration awards under the No Surprises Act (“NSA”). The two decisions, while far from the final word on the subject, highlight the most recent...more

Manatt, Phelps & Phillips, LLP

Strengthening the No Surprises Act’s Independent Dispute Resolution Process: Stakeholder Perspectives

Executive Summary - This project was designed to collect a broad range of perspectives from stakeholders and the literature to (1) understand the current state of the implementation of the Independent Dispute Resolution...more

Tucker Arensberg, P.C.

Biden Administration to Appeal Surprise Billing Defeat

Tucker Arensberg, P.C. on

As reported earlier in the MedLaw Blog (August 9, 2023), a federal District Court vacated portions of the No Surprises Act federal regulations.  Thereafter, CMS halted the arbitration process for resolving disputes regarding...more

Cornerstone Research

5 Questions with Erin Trish: Surprise Billing in Healthcare

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5 Questions is a periodic feature produced by Cornerstone Research, which asks our professionals, senior advisors, or affiliated experts to answer five questions. We interview Professor Erin Trish, of the Schaeffer Center...more

Tucker Arensberg, P.C.

CMS Halts “No Surprises Act” Arbitration

Tucker Arensberg, P.C. on

CMS has halted the arbitration process for “Surprise Billing” established by the “No Surprises Act” for the second time, stating as follows...more

ArentFox Schiff

No More Surprise Medical Bills: Providers Score More Victories in First Year of No Surprises Act Arbitrations, But Claims Backlog...

ArentFox Schiff on

In the year following the implementation of the arbitration process established under the federal No Surprises Act (NSA), more than 330,000 disputes have been submitted for resolution. This figure far outpaces the predictions...more

Blank Rome LLP

Swing and a Miss: CMS Strikes Out on Its Second Attempt to Set Arbitration Procedures under No Surprises Act

Blank Rome LLP on

The saga between health care providers and the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury (collectively, “Departments”) continues apace, as a federal district court...more

Harris Beach PLLC

Texas Medical Association Again Challenges Federal Rules Under No Surprises Act

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The Texas Medical Association is yet again challenging the federal government’s implementation of the independent dispute resolution process established by the No Surprises Act, this time arguing the $350 fee to initiate the...more

Manatt, Phelps & Phillips, LLP

[Webinar] No Surprises Act Update: The Latest Litigation, Enforcement and Implementation Challenges - February 16th, 3:00 pm -...

The No Surprises Act (NSA), which went into effect January 1, 2022, was designed to protect patients from surprise medical bills when they are treated in out-of-network emergency departments or by out-of-network providers at...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

Hendershot Cowart P.C.

Texas ER Physicians Sue Insurer for Underpayment – Thousands of Claims at Stake

Hendershot Cowart P.C. on

An appeal brought before the Texas Supreme Court could unleash a wave of legal action by out-of-network ER physicians pursuing insurers for underpayment of claims. Unlike in-network providers who negotiate reimbursement...more

King & Spalding

Federal Court Vacates Air Ambulance Portion of No Surprises Act Dispute Resolution

King & Spalding on

On July 26, 2022, LifeNet was granted summary judgment in its challenge to portions of the second set of implementing regulations for the Independent Dispute Resolution (IDR) process for air ambulance providers under the No...more

Williams Mullen

Court Strikes Down Portions of Rule Implementing Independent Dispute Resolution Process Under the Federal No Surprises Act

Williams Mullen on

The newly enacted federal No Surprises Act (NSA), intended to protect consumers from surprise balance billing, continues to be the subject of considerable controversy. On February 23, 2022, a U.S. District Court in Texas...more

Holland & Hart LLP

Small Win for Healthcare Providers: CMS Issues New Guidance under No Surprise Billing Rules and DHHS' Appeal

Holland & Hart LLP on

On April 12, 2022, CMS issued new guidance for the independent dispute resolution (“IDR”) process under the No Surprise Billing Rules (“Rules”) in response to a U.S. District Court for the Eastern District of Texas judge...more

Cozen O'Connor

Federal District Court Partially Guts Regulations Affecting the No Surprises Act Arbitration Process

Cozen O'Connor on

On February 23, 2022, the U.S. District Court for the Eastern District of Texas gutted portions of the interim final rule affecting the independent dispute resolution (“IDR”) process of the No Surprises Act (the “Act”). Tex....more

K&L Gates LLP

Health Care Triage: Navigating the Independent Dispute Resolution Process Under the No Surprises Act

K&L Gates LLP on

In this episode, Steven Pine and Gary Qualls discuss the arbitration provision under the federal No Surprises Act, controversy around the qualifying payment amount (QPA), a recent decision in a Texas federal court that...more

Husch Blackwell LLP

Texas District Court Vacates Portions of No Surprises Act Rule Related to Arbitration

Husch Blackwell LLP on

On February 23, 2022, Judge Jeremy Kernodle of the Eastern District of Texas ruled that certain parts of the Interim Final Rule Part II (the Rule) implementing the No Surprises Act (the Act) are invalid. Specifically, the...more

Greenbaum, Rowe, Smith & Davis LLP

Federal “No Surprises Act” Brings National Oversight Of Unexpected Billing For Healthcare Services

In the waning days of Donald Trump’s administration, the federal government passed the “No Surprises Act,” which becomes effective January 1, 2022. Like many recent state laws, the legislation is aimed at protecting patients...more

Hogan Lovells

No Surprises Act prohibits balance billing, creates arbitration process for out-of-network providers

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Effective January 1, 2022, the “No Surprises Act” signed into U.S. law as part of H.R. 133, “Consolidated Appropriations Act, 2021,” implicates (1) emergency services provided by non-participating providers at participating...more

K&L Gates LLP

The Federal No Surprises Act and Its Arbitration Provisions

K&L Gates LLP on

On 28 December 2020, the federal No Surprises Act (Act) was enacted. The Act seeks to protect patients from so-called “surprise medical bills” in certain emergency and nonemergency settings for out-of-network patients. This...more

Proskauer Rose LLP

No Surprises: Congress Enacts Surprise Bill Law and Adds Mandatory Billing Transparency

Proskauer Rose LLP on

The recently enacted Consolidated Appropriations Act, 2021 (the “Act”) not only funds the government and provides further relief in regard to the impact of the COVID-19 pandemic, but it also adopted a number of new...more

Seyfarth Shaw LLP

New Surprise Billing Legislation and Rules Go Into Effect on January 1

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New legislation passed in the 2019 session of the Texas Legislature, SB 1264, went into effect on January 1, 2020. The statute protects Texas residents from so-called surprise billing, where patients receive costly medical...more

Brownstein Hyatt Farber Schreck

New Colorado Surprise Medical Billing Law Arbitration Provisions, Explained

So-called surprise medical bills were among the hottest topics in the news nationwide in 2019 and generate significant political activity. The term describes the situation in which a patient who has health insurance receives...more

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