No Surprises Act Update: Regulatory and Litigation Developments, Ongoing Compliance Challenges for Stakeholders

This CLE webinar will examine recent developments in regulation and litigation surrounding the No Surprises Act (NSA). The panel will provide an overview and status update for notable litigation, including the Texas Medical Association (TMA) lawsuits, and discuss the impact on regulatory guidance. The panel will also address ongoing compliance challenges and offer best practices for assisting clients through this evolving and complex regulatory landscape.

The NSA was enacted as part of the Consolidated Appropriations Act of 2021 at the end of the first Trump term and prohibits out-of-network (OON) providers from balance billing patients for certain services furnished at an OON facility (in the case of emergency services) or at an in-network facility (in the case of non-emergency services provided by an OON provider). Since its implementation, the NSA has been the subject of consistent litigation, impacting ongoing rulemaking and regulation and creating compliance challenges for stakeholders.

Some of the most notable litigation has been brought by the Texas Medical Association (TMA) in a series of lawsuits impacting regulatory guidance (TMA I, TMA II, TMA III, and TMA IV). For example, earlier this year, the U.S. Departments of Labor, Health and Human Services, and the Treasury jointly issued Part 69 of a series of FAQs designed to help stakeholders understand and comply with the NSA—this installment providing updates to disclosure and cost-sharing requirements following the TMA III decisions. Yet, despite the guidance, questions and compliance challenges remain.

Listen as our expert panel of healthcare practitioners examines recent regulatory developments and the status of noteworthy litigation surrounding the NSA. The panel will also offer best practices for compliance in this rapidly evolving regulatory landscape.