Biden Administration Should Revise No Surprises Act Rules, Says ASCP

On Dec. 6, 2021 ASCP submitted comments on the interim final regulation for the No Surprises Act (NSA). The comments focus on the Biden Administration’s interpretation of the NSA statute, which falls considerably outside of the bounds of what Congress passed into law with its NSA. ASCP urged the Administration to revise the interim regulation to create a balanced, fair system where physicians and health insurers are able to solve disputes without unduly providing insurers with the upper hand to determine the final payment amount. If left unchanged, the interim regulation will make it more difficult for pathologists and other physicians to receive fair payment for out-of-network services, and to enter into meaningful contract negotiations with insurance companies.

ASCP supports the NSA’s protection of patients from the impact and financial strain that arises from unanticipated medical bills, especially when patients reasonably believe the care they received would be covered by their health insurer.

ASCP will continue engaging with the Administration on the rule to ensure the final rule results in fair payment to pathologists and other physicians.

Editor's Note: Many of the provisions in the NSA went into effect on Jan 1, 2022. The American Medical Association (AMA) developed an initial toolkit for physicians on the implementation of the NSA to provide guidance on those provisions. The AMA intends to update the toolkit and to develop additional resources as new guidance is available.

To read more articles from this issue of ePolicy, click here. To learn more about ePolicy News and access past newsletters and articles, click here.