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Support the No Surprises Enforcement Act

The “No Surprises” Act (NSA) was originally signed into law in December 2020, and represented a major advancement in protecting the rights of patients. This law made it illegal for insurers to force patients to pay for out-of-network costs in emergency situations, and implemented other protections against surprise medical bills. The Act included a provision known as Independent Dispute Resolution, or IDR, to help people quickly resolve NSA disputes and help healthcare providers get the compensation they are legally entitled to when insurers do not want to pay up.

However, it is one thing to make this kind of abusive billing illegal. It is another entirely to actually force insurers to pay what they owe when they lose their cases, and unsurprisingly, insurers often drag their feet when it comes to paying out IDR awards. It is for this reason that members of Congress have proposed the No Surprises Enforcement Act, which seeks to address the growing problem of insurers refusing to pay what they owe when they lose in IDR arbitration.

What is the No Surprises Enforcement Act?

The No Surprises Enforcement Act is a bill that was recently introduced in the House of Representatives, which seeks to address the problem of insurers refusing to pay what they owe under the NSA. Under the proposed law, insurers who failed to pay IDR arbitration awards within 30 days would face additional legal penalties for doing so, up to three times the amount owed. Additionally, these payments would accrue interest, becoming even more expensive to the insurer over time until they were paid.

Why is the No Surprises Enforcement Act Necessary?

This legislation is considered necessary because of how many insurers have simply chosen to ignore the arbitration awards they are supposed to pay under the legally binding IDR process. Right now, the tools that health care providers have to force insurers to pay are limited, and they face few, if any, penalties for doing so. This new law seeks to remedy that situation by making unpaid arbitration awards more painful, imposing ever greater costs until insurers pay what they owe.

Who Supports the Law?

In addition to the six members of Congress who introduced the bill - Dr. Greg Murphy, D-N.C.; Jimmy Panetta, D-Calif.; Dr. John Joyce, R-Pa.; Dr. Raul Ruiz, D-Calif.; Dr. Bob Onder, R-Mo.; and Dr. Kim Schrier, D-Wash. - the legislation has been endorsed by the American College of Radiology. The American College of Emergency Physicians has also come out in support of the bill, representing the importance of this legislation to the people who provide care to Americans every day.

How You Can Help

If you are a healthcare provider who has struggled to make insurers pay what they owe under IDR, the No Surprises Enforcement Act may be exactly what you need. However, you will need to write to your congressional representatives and senators to convince them to support the measure so that it can pass Congress and become law.

While phone calls and emails can also help, writing a physical letter is typically the most effective means of reaching members of Congress and convincing them to consider your position. For this reason, we strongly recommend writing to your senators and representatives with a physical letter, rather than using alternative, less effective methods.

If you would like to join us in contacting your Member of Congress and/or U.S. Senators about the No Surprises Act, you can find their contact information at the below links. For your convenience, we also included a sample form letter. Feel free to customize the letter based on your personal experiences with the No Surprises Act.

Find your Member of Congress here.

Find your U.S Senator here.

Download a form letter to send to your U.S. Senator or Member of Congress here.

 

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