No Surprises Act

The No Surprises Act (“NSA”) refers to new legislation which became effective January 1, 2022. The intent of this Act is to protect consumers from “surprise” medical bills and balance billing, which is the practice of requiring a patient to make up (pay) costs not otherwise covered by their insurance company.

The NSA is ambiguous in its mandates and application toward mental health professionals. To that end, all of the major professional associations have dedicated significant resources into digesting the text of the new law, while also opining as to Best Practices for their members. This includes sample forms for Good Faith Estimates, Checklists, FAQ’s, and the like. This invaluable information has been linked below for your convenience.

In light of the confusion surrounding the roll out of the NSA, we encourage our clients to periodically check back with the below resources for evolving guidance. For practice specific assistance, you may wish to engage the services of personal counsel.

American Psychological Association

Understanding the No Surprises Act:
https://www.apaservices.org/practice/legal/managed/no-surprises-act

New billing disclosure:
https://www.apaservices.org/practice/legal/managed/billing-disclosure-requirements

FAQs on the No Surprises Act:
https://www.apaservices.org/practice/legal/managed/faqs-no-surprise-act

American Psychiatric Association

https://www.psychiatry.org/psychiatrists/practice/practice-management/no-surprises-act-implementation

National Association of Social Workers

http://www.socialworkblog.org/practice-and-professional-development/2021/12/federal-rule-to-prevent-surprise-health-care-billing/

American Association for Marriage and Family Therapy

https://www.aamft.org/AAMFT/ENHANCE_Knowledge/Copy_of_No_Surprises_Act/enhance_knowledge/No_Surprises_Act.aspx?hkey=8f621276-92a9-4c9a-9c38-14d7e396562d

 Centers for Medicare & Medicaid Services

https://www.cms.gov/nosurprises

Simple Practice.Com

https://www.simplepractice.com/blog/no-surprises-act-good-faith-estimates/

National Academy for State Health Policy

https://www.nashp.org/new-federal-no-surprises-act-extends-medical-billing-protections-beyond-state-reach/

American Hospital Association

https://www.aha.org/system/files/media/file/2021/01/detailed-summary-of-no-surprises-act-advisory-1-14-21.pdf

NASW New York Chapter

https://naswnys.org/nasw-guidance-on-no-surprises-act/