Sept. 24, 2021

Federal Government Releases Proposed Rule Related to Surprise Billing, Transparency  

On Friday, Sept. 10, the Biden administration released a proposed rule  with new regulations that would implement sections of Consolidated Appropriations Act of 2021 (CAA) related to surprise billing and transparency. These proposed rules come from the Departments of Health and Human Services, Labor, the Treasury and the Office of Personnel Management. 

Topics include: 

• Air ambulance reporting
  
  
• Agent and broker compensation disclosure and reporting for individual market and short-term, limited-duration coverage
  
  
• Enforcement of No Surprises Act requirements on providers, facilities and air ambulance providers 

This is not the second interim final rule on requirements related to surprise billing. That interim final rule is expected shortly.  

What this means: We are evaluating this new proposed rule to determine how it may affect our implementation work if finalized as currently written. These rules are not effective until finalized by the agencies, which is expected by the end of the year.   

While we are providing these highlights of developments regarding key aspects of the CAA, we do not provide groups with legal or compliance advice. Group customers must contact their legal advisors if they have questions about the proposed rules and the new regulations, what they would require and how they would affect their benefit plans if finalized.