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.