FAH Hospital Policy Blog

Perspectives on health policy affecting America's hospitals and the patients we serve.

Surprise Billing | FAH Policy Blog Team

FAH Submits Comments on Surprise Billing Provider Enforcement Proposed Rule

Today FAH submitted comments to three Cabinet Secretaries Xavier Becerra, Marty Walsh, and Janet Yellen (HHS, Labor, and Treasury, respectively) regarding a proposed rule to implement provider enforcement provisions under the No Surprises Act, which is effective January 1, 2022.

The comment letter highlights FAH’s support for ensuring that patients have in-network coverage and cost-sharing obligations in circumstances where the patient has no reasonable control over the network status of the facility or health care providers administering care. It also advocates eliminating surprise bills in a manner that preserves market negotiation of network rates between health plans and providers, consistent with Congress’s intent. Other comments address provisions of the proposed rule concerning the imposition of civil monetary penalties (CMPs) on facilities and providers, including clarifying that a provider or facility will not be subject to a CMP for an unknowing violation provided that the provider or facility takes appropriate action to rectify the violation within 30 days of acquiring the requisite knowledge of the improper bill. 

The entire comment letter can be read here