No Surprises Act Resource Center - McDermott Will & Emery



The No Surprises Act (NSA) went into effect on January 1, 2022. It bars surprise billing in several healthcare settings and establishes new transparency requirements. Under the law, providers, including hospitals, facilities, individual practitioners and air ambulance providers, are prohibited from billing patients more than in-network cost-sharing amounts in specified circumstances. The prohibition applies to emergency care and certain non-emergency situations where patients do not consent to an out-of-network provider. The NSA also creates independent dispute resolution processes for resolving payment disputes between plans and issuers on the one hand and providers on the other.

This resource center shares our insights on the implementation of the NSA, including how new regulations, guidance, litigation and more impact healthcare organizations, including in their capacities as sponsors of employee health and wellness plans. McDermott advises healthcare organizations on the following:

  • Independent dispute resolution process
  • Good faith estimate requirements
  • State laws related to surprise billing
  • NSA compliance requirements for employee benefit plans
  • Managing potential liability

Subscribe now to receive our updates and get in touch with us to discuss potential impacts on your organization.



Navigating the New IDR Batching Rules and Deadline Extensions, December 7, 2023

Departments Propose Broader Batching and IDR Process Changes for Surprise Billing Claims, October 31, 2023

New No Surprises Act Announcements Indicate Bumpy Road Ahead, October 12, 2023

Podcast: Navigating the New No Surprises Act Announcements, October 12, 2023

HHS, DOL and Treasury Issue a Proposed Rule Increasing Federal IDR Fees, October 3, 2023

No Surprises Act Update: The TMA III Decision, August 31, 2023

Implementation of the No Surprises Act Is Full of Surprises: What We Do and Don’t Know, August 17, 2023

No Surprises Act Update: Litigation Developments, Enforcement Trends, Agency Guidelines and Future Rulemakings, August 11, 2023

Reg Season Has Begun: Biden Administration Issues Regs to Close Surprise Billing Loopholes, July 13, 2023

Departments Release Update on No Surprises Act Independent Dispute Resolution Process, April 28, 2023

NSA Update: HHS Indefinitely Delays Co-Provider, Co-Facility Requirements for Good Faith Estimates, December 21, 2022

Departments Issue Final Rule Implementing Certain No Surprises Act Provisions, August 25, 2022

Requirements Related to Surprise Billing; Part I: Policy Update, July 6, 2021

Requirements Related to Surprise Billing; Part II: Policy Update, October 2021

Surprise Billing in the Consolidated Appropriations Act, 2021: Details and Analysis of Process, January 20, 2021



No Surprises Act and Three Takeaways on Surprise Billing From The Initial Report on The Independent Dispute Resolution (IDR) Process April 15 – September 30, 2022, January 24, 2023

Consolidated Appropriations Act: Health and Welfare Benefits Provisions, January 12, 2021