Departments release proposed rule on implementing certain provisions of No Surprises Act

The Departments of Health and Human Services, Labor, and Treasury and the Office of Personnel Management (“the departments”) Sept. 10 released proposed rules implementing certain provisions of the No Surprises Act related to enforcement, air ambulance transparency, and agent and broker disclosures. 

The proposed rules establish a process for investigating complaints of violations of the No Surprises Act patient protections and taking enforcement action, including imposing a civil monetary penalties against both providers/facilities and plans/issuers. The departments also propose to increase transparency of air ambulance services through new disclosure requirements on plans/issuers and air ambulance providers. In addition, the rules include HHS-only proposals that would require insurers offering individual health insurance coverage or short-term, limited-duration insurance to disclose to enrollees and report to HHS any direct or indirect compensation provided by the insurer to an agent or broker associated with enrolling individuals in such coverage. 

Comments on the proposed rules are due Oct. 18.