FAQ addresses enforcement discretion for plan compliance under certain No Surprises Act provisions

The Centers for Medicare & Medicaid Services April 1 released a joint FAQ with the Departments of Labor, the Treasury, and the Office of Personnel Management regarding their continued use of enforcement discretion for plan compliance under certain No Surprises Act provisions. The departments said that they would continue the use of enforcement discretion for plans who calculate qualifying payment amounts using the 2021 methodology amid ongoing litigation in Texas Medical Association v. HHS. The departments are similarly continuing enforcement discretion under relevant No Surprises Act provisions for providers, facilities, or providers of air ambulance services that bill or hold a participant, beneficiary, or enrollee liable for a cost-sharing amount based on a QPA calculated with the 2021 methodology.