The No Surprises Act
As part of a year-end deal in 2020, Congress enacted the No Surprises Act, a new law that protects patients from surprise medical bills. These comprehensive new protections will go into effect beginning in 2022 and will protect patients from surprise medical bills for emergency services (including air ambulances) and non-emergency services provided at an in-network facility. Patients’ out-of-pocket costs will be limited to the costs they would have paid if they had received services from an in-network doctor, hospital, or other health care provider.
Although many states have protected patients from surprise medical bills, federal legislation was necessary to fill gaps in state authority and extend similar protections to the more than 135 million people estimated to be covered by employer self-funded plans.
Here are some resources to help better understand this historic new law and what it means for policymakers, patients, and industry stakeholders.
Preemption of state laws. In enacting the No Surprises Act, Congress recognized that many states already passed (or will pass) state-level protections against surprise medical bills. Congress thus deferred to some state laws and limited the degree to which the No Surprises Act preempts state laws. This new fact sheet from CHIR experts summarizes our current understanding of this preemption framework and highlights considerations for policymakers.
Will the No Surprises Act inflate health care costs? It depends. The Biden administration has considerable ability to avoid inflationary impacts in implementing the No Surprises Act. Read our analysis for The Commonwealth Fund and how federal regulators could look to lessons learned from state experiences.
Support for federal policymakers. Our experts are here to help policymakers understand and address implementation of the No Surprises Act. We work closely with federal leaders and staff to provide legal and policy technical assistance and help identify solutions that protect patients and help keep health insurance affordable. Learn more about how we can help support your policy goals.