The No Surprises Act Proposed Rule on Air Ambulances and Enforcement: Implications for States

By JoAnn Volk and Sabrina Corlette

On September 10, the U.S. Departments of Health and Human Services (HHS), Treasury, and Labor (DOL) and the Office of Personnel Management (OPM) released a second rule implementing the No Surprises Act (NSA), the comprehensive federal law banning balance bills in emergency and certain non-emergency settings beginning January 1, 2022. This proposed rule details the data on air ambulance services that must be reported to HHS and the Department of Transportation (DOT) and discusses the departments’ proposed approach to NSA enforcement. Beyond the NSA provisions, the proposed rule also provide guidance on new federal requirements that individual market and short-term plan insurers disclose broker compensation to current and potential enrollees as well as to HHS. In a new Expert Perspective for the Robert Wood Johnson Foundation’s State Health & Value Strategies project, CHIR experts JoAnn Volk and Sabrina Corlette review provisions of the proposed rules of particular import to the state-based marketplaces (SBMs) and state insurance regulators. You can read the full post here.

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