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October 30, 2021

No Surprises Act Interim Final Rule ACEP Response

Oct. 30, 2021

On Oct. 28, 2021, the American College of Emergency Physicians (ACEP) was made aware that the Texas Medical Association (TMA) filed a lawsuit in Texas challenging the Biden Administration’s most recent plans for implementing the No Surprises Act, January 1, 2022. As ACEP originally asserted, emergency physicians are profoundly disappointed that the administration’s interim final rule (IFR) is almost entirely inconsistent with congressional intent to create a fair and unbiased process to resolve billing disputes.

ACEP is in alignment with TMA’s disappointment and frustration that by requiring arbiters to greatly prioritize the artificially low Qualified Payment Amount (QPA) set by insurance companies, rather than giving equal weight to a mix of other factors, the new rule as written undermines the entire process.

ACEP is exploring all avenues to push back against this potentially devastating policy including legal, regulatory, and legislative options. ACEP has been having meetings on a near daily basis with congressional and administrative leaders, and other physician groups and medical societies, since the IFR was released.

We are especially supportive of the Dear Colleague letter that Reps. Tom Suozzi (D-NY), Brad Wenstrup (R-OH), Raul Ruiz (D-CA), Larry Bucshon (R-IN), and others in Congress are circulating urging the Departments of Health and Human Services (HHS), Labor and Treasury to follow the letter of the law and amend the IFR section of the No Surprises Act to align the law's implementation with the legislation that Congress passed.

ACEP will keep you informed as the process moves forward and ways you can advocate on behalf of your practice and your patients. In the meantime, you can reach out to your member of Congress here and encourage them to sign on to the Dear Colleague letter.

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