Activity Related to the No Surprises Act Continues to Surprise, with No Slowdown in Sight

by  Adam Brenman
Oct 19th, 2023

The Centers for Medicare & Medicaid Services (CMS) can’t seem to catch a break of late. 2023 has been a tough year for the agency, with the court system and Congress dealing it repeated blows, primarily over enactment of the No Surprises Act (NSA).

Many are undoubtedly at least somewhat familiar with the NSA as the law that protects consumers from most instances of “surprise” medical bills, such as those for out-of-network care at an in-network hospital. But were you aware that it’s been the subject of four recent lawsuits and multiple congressional hearings?

And were you aware that of those lawsuits and hearings, all have attacked the NSA, and both directly and indirectly CMS, for difficulties like improper implementation, unintended consequences, and massive backlogs associated with its touted dispute resolution process?

Let’s take a quick look at two of the most recent happenings around the ever-contentious bill, and what CMS has done amid the controversy.

Last week, the influential U.S. House of Representatives Ways and Means Committee held a hearing on perceived failings of the NSA, illustratively titled “Reduced Care for Patients: Fallout from Flawed Implementation of Surprise Medical Billing Protections.”

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This article originally published on September 27, 2023 by RACmonitor.

About Adam Brenman

Adam Brenman is a Federal Legislative Analyst at Zelis Healthcare. He previously served as Manager of Public Policy at WellCare Health Plans, where he led an analyst team in review, analysis, and development of advocacy materials related to state and federal legislation/regulatory guidance. He holds a master’s degree in Public Policy & Administration from Northwestern University and has also worked as a government affairs rep/lobbyist for a national healthcare provider association.