Health Affairs August 22, 2024
Since its bipartisan enactment in late December 2020, the No Surprises Act (NSA) has been championed as a significant victory for health care reform aimed at protecting consumers from the most pervasive out-of-network surprise medical bills and constraining overall health care costs.
But while the law has worked as promised to protect millions of consumers directly from surprise out-of-network bills, implementation of certain aspects of the law has proved challenging for a range of reasons, including aggressive litigation by health care providers. In particular, the manner in which the Administration sought to implement aspects of the law’s arbitration process has been subject to many legal challenges. The NSA’s arbitration process is triggered when providers and payers can’t reach an agreement...
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