FOR IMMEDIATE RELEASE

September 14, 2023

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WASHINGTON — Today, Action for Health is calling on the Department of Health and Human Services to quickly reopen the No Surprises Act's independent dispute resolution (IDR) process.

After its unprecedented fourth-straight loss in federal court over its regulations related to the Act, HHS has decided indiscriminately to yet again suspend the nationwide mechanism for doctors, hospitals, and community facilities to keep their doors open for tens of millions of patients.

This dereliction of duty by the Biden administration's regulators is unwarranted. In its latest ruling, the federal court offered simple and straightforward guidance on why the IDR process should proceed:

"As for offers of payment and IDR proceedings, the Departments fail to explain why those cannot continue in the absence of properly calculated QPAs."

According to Action for Health President Christopher Sheeron:

"The Departments' responses to their court losses are remarkable. Democrats and Republicans in Congress, an overwhelming variety of healthcare stakeholders, and a federal court have all put a line in the sand regarding how IDR must continue. These prolonged disruptions only benefit health insurance companies. Secretary Becerra, Administrator Brooks-LaSure, Dr. Ellen Montz, Jeff Wu, and others at HHS and CMS responsible for the implementation of the law should be ashamed. Without a quick resolution, the destruction of our healthcare delivery system will be on their watch.

"It's now been 33 months since the No Surprises Act was signed into law. During the pandemic, the administration talked constantly about our medical providers being 'healthcare heroes'. How long will it take its regulators to walk this walk? Our heroes will soon be forced to retire their capes if the IDR process isn't up, running, and fully functional without bias toward either disputing party."