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Health Law Highlights

No Surprises Act Implementation Faces Challenges

Summary of article from Proskauer Rose LLP, by D. Austin Rettew, Vinay Kohli:

Two district courts have issued conflicting rulings on the enforceability of arbitration awards under the No Surprises Act (NSA), highlighting ongoing challenges in its implementation. The NSA, enacted in 2020, aims to protect patients from unexpected medical bills by capping out-of-network charges at median in-network rates and establishing a mandatory dispute resolution process. The New Jersey District Court ruled that the Federal Arbitration Act (FAA) applies to enforce NSA awards, while the Texas District Court concluded that the FAA does not provide such a mechanism. The Texas ruling is being appealed, and additional NSA-related regulations and legal challenges are pending. Health care providers should seek expert legal advice to navigate this complex and evolving regulatory landscape.