The CAA added provisions applicable to group health plans and health insurance issuers in the group and individual markets in a new Part D of title XXVII of the Public Health Service Act (PHS Act) and also added new provisions to part 7 of the Employee Retirement Income Security Act (ERISA), and Subchapter B of chapter 100 of the Internal Revenue Code (Code). Section 102 of the No Surprises Act added Code section 9816, ERISA section 716, and PHS Act section 2799A-1, which contain limitations on cost sharing and requirements for initial payments for emergency services. Section 103 of the No Surprises Act amended Code section 9816, ERISA section 716, and PHS Act section 2799A-1 to establish a Federal independent dispute resolution (Federal IDR) process that nonparticipating providers or facilities and group health plans and health insurance issuers in the group and individual market may use following the end of an unsuccessful open negotiation period to determine the out-of-network rate for certain services. More specifically, the Federal IDR provisions may be used to determine the out-of-network rate for certain emergency services, nonemergency items and services furnished by nonparticipating providers at participating health care facilities, where an All-Payer Model Agreement or specified state law does not apply. Section 105 of the No Surprises Act created Code section 9817, ERISA section 717, and PHS Act section 2799A-2 which contain limitations on cost sharing and requirements for initial payments for air ambulance services, and allow plans and issuers and providers of air ambulance services to access the Federal IDR process. CAA provisions that apply to health care providers and facilities, and providers of air ambulance services, such as requirements around cost sharing, prohibitions on balance billing for certain items and services, and requirements related to disclosures about balance billing protections, were added to title XXVII of the PHS Act in a new part E.
Under section 5 CFR 1320.13(a)(2)(ii), an unanticipated event has occurred. On February 23, 2022, the U.S. District Court for the Eastern District of Texas issued an adverse ruling relating to the IFR. In response to the court ruling changes to the descriptions of certain data elements that will be collected need to be made to conform with the courtâs order prior to the launching of the electronic processing system.
The Departments have removed language from the ICR to be consistent with the federal court ruling in the U.S. District Court for the Eastern District of Texas on the Interim Final Rule, Requirements Related to Surprise Billing; Part II (Texas Medical Association v. HHS).
The ruling vacated certain provisions of the IFR related to payment determinations under the federal IDR process. In response, changes to the descriptions of certain data elements need to be made to conform with the courtâs order. More specifically, the court vacated provisions of the IFR directing certified IDR entities to select the offer closest to the Qualifying Payment Amount, unless it is shown to be materially different from the appropriate out-of-network rate.
The increase in burden is not a result of the revisions to the ICR. The increase in burden is a result of the updated data inputs and mailing cost.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
1210-0169 Tri-dept PRA supporting statement 4.5.22 FINAL.docx
Request of Extension of Time Periods for Extenuating Circumstances