Surprise Billing Ban Could Be Fueling ER Staffing Firms’ Financial Woes

Regulators on Sept. 20 released the latest in many iterations of rulemaking related to the No Surprises Act (NSA), the 2021 law that banned surprise medical billing. Meanwhile, one expert tells AIS Health, a division of MMIT, that evidence is growing that insurers have gained a notable advantage in rate negotiations with emergency departments. 

The new proposed rule deals with fees related to Independent Dispute Resolution (IDR), the arbitration system set up by the NSA. Previous rulemaking, which was challenged in court by provider groups, required each party to pay $350 per case when they submit a batch of cases to an IDR entity. The new proposed rule requires each party to pay $150 per case, according to Manatt, Phelps & Phillips LLP partner Harvey Rochman.