Federal Government Releases Proposed Rule Related to Surprise Billing, Transparency

Sept. 22, 2021

On Friday, Sept. 10, the Biden administration released a proposed rule PDF with new regulations that will implement sections of Consolidated Appropriations Act of 2021 (CAA) related to surprise billing and transparency. The proposed rule comes from the Departments of Health and Human Services, Labor, the Treasury and the Office of Personnel Management.

Topics include:

  • Air ambulance reporting

  • Agent and broker compensation disclosure and reporting for individual market and short-term, limited-duration coverage

  • Enforcement of No Surprises Act requirements on providers, facilities and air ambulance providers

This is not the second interim final rule on requirements related to surprise billing. That interim final rule is expected shortly.

What this means: We are evaluating this new proposed rule to determine how it may affect our implementation work if finalized as currently written. The rule is not effective until finalized by the agencies, which is expected by the end of the year.  

While we are providing these highlights of developments regarding key aspects of the CAA, we do not provide groups with legal or compliance advice. Group customers must contact their legal advisors if they have questions about the proposed rules and the new regulations, what they will require and how they will affect their benefit plans if finalized.

Last Updated: Dec. 06, 2023