Ways and Means Republicans Urge Full Implementation of No Surprises Act to Ensure Patient Protections

Washington, D.C. - Nearly five years after the No Surprises Act (NSA) was signed into law, delays and inconsistent rulemaking by Biden-era regulators have resulted in a patchwork system that fails to provide the transparency and protection for patients that Congress intended. In a letter to Secretaries of the Departments of Health and Human Services, Treasury, and Labor, Ways and Means Committee Republicans urged the Trump Administration to build on its previous work and the work of Congress and successfully implement the crucial patient protections provided under the No Surprises Act.

"The [Ways and Means] Committee is the first and only congressional committee to hold hearings examining challenges cited by patients and other stakeholders regarding the NSA's implementation… Nearly five years after the NSA's passage, and spanning multiple administrations, many of these identified challenges remain unresolved… We look to this Administration to continue building on the work done by the Committee to prioritize necessary regulatory and sub-regulatory improvements so patients can realize the full potential and benefits of the NSA," wrote Committee members.

Over the last two years, the Ways and Means Committee has conducted numerous oversight activities across multiple facets to identify areas of concern and remedy the NSA's stalled implementation. Despite being signed into law in 2020, the Committee discovered that key provisions of the No Surprises Act were either not implemented at all or not implemented fairly due to convoluted rulemaking:

• Federal courts found that rules proliferated by Biden-era Departments were non-compliant with the NSA in four separate lawsuits.
• After five years, patients still do not consistently receive advanced explanations of benefits (AEOBs) - a key price transparency feature required by the NSA - before scheduled medical procedures.
• Federal rulemaking has created clunky and arbitrary obstacles that have rendered the Independent Dispute Resolution (IDR) process inefficient - making patients vulnerable instead of protecting them.

Read the full letter here.

Key Patient Protections in the No Surprises Act

• Provides protections against surprise medical bills for patients in emergent situations or receiving care from out-of-network providers operating in in-network facilities.
• Establishes the framework for a fair and balanced IDR system to ensure adequate payments between health insurers and medical providers treating emergency care patients.
• Requires health insurers and medical providers to provide AEOBs and good faith estimates of the expected costs for medical services before they are delivered.
• Improves transparency in payment and provider directories so patients are properly informed before receiving medical procedures.

Timeline of Ways and Means Committee Oversight of the No Surprises Act Implementation

May 16, 2023 - Hearing on Health Care Price Transparency: A Patient's Right to Know

September 19, 2023 - Hearing on Reduced Care for Patients: Fallout from Flawed Implementation of Surprise Medical Billing Protections

October 18, 2023 - Bipartisan roundtable with Biden Administration officials on the No Surprises Act

November 9, 2023 - Ways and Means Republican letter to Treasury, HHS, Labor reiterating support for implementation of the law as Congress intended

Background

READ: GAO Report: Biden Administration's Bungled Implementation of 'No Surprises Act' Surprises Providers with a Bureaucratic Nightmare

READ: Six Key Moments from Ways and Means Committee Hearing on Health Care Price Transparency

READ: Top Five Moments from Ways and Means Hearing on Flawed Implementation of the No Surprises Act

READ:Ways and Means Committee Holds Roundtable with Biden Admin Officials on Failed Implementation of Medical Surprise Billing ProtectionsREAD:Ways and Means Republicans Demand Biden Administration Follow the Law to End Surprise Medical Billing