Surprise Billing and Patient Notice

Breaking Down Federal & State Surprise Billing Requirements for Massachusetts Physicians

In the final days of 2020, both Congress and the Massachusetts legislature passed laws related to surprise or out-of-network billing and related requirements for notice and disclosure for patients regarding network status and price transparency. The federal “No Surprises Act”, as detailed in resources below, establishes a comprehensive statutory framework, including a ban on surprise billing, creation of an independent dispute resolution process, and patient notice and disclosure provisions. Provisions contained in the Massachusetts Patients First Act (Section 25 of Chapter 260 of the Acts of 2020), as detailed in the Massachusetts Department of Public Health (MDPH) bulletin below, similarly impose provider responsibilities for patient notice and disclosure regarding network status and price transparency.

The Medical Society has been actively engaged on these issues, working with the state Department of Public Health and congressional stakeholders to understand this complex landscape and reconcile the competing obligations under both laws. After persistent and compelling advocacy by the Medical Society, the Massachusetts legislature passed a law further delaying the implementation and enforcement of penalties for the violation of the state notice provisions by the MDPH until January 1, 2025. Recognizing the challenges posed by overlapping state and federal requirements, the legislature heeded our call to further delay the state requirements while the federal regulatory process is finalized. This delay averts significant administrative redundancy and burden for physicians and confusion for patients.

Massachusetts Medical Society Resources

• In December 2021, the MMS along with the Massachusetts Health & Hospital Association held a webinar providing an overview of physician responsibilities under both the NSA and the Patients First Act. A recording of the webinar is available here and slides from the presentation are available here.
• MMS Practice Guides:
  • High Level Overview of Primary NSA Requirements
  • MMS Practice Guide for Surprise Billing and Patient Notice  (.pdf)

Massachusetts Patients First Act Resources

• Department of Public Health Resources
  • Notice to Providers on Patients First Law
  • Notice to Patients on Patients First Law

Federal No Surprises Act Resources

• American Medical Association Resources
  • AMA NSA Landing Page
  • AMA Toolkit for Physicians: Preparing for Implementation of the No Surprises Act
  • AMA Guide for Physicians: Disputing Out-of-Network Payments Using the No Surprises Act Independent Dispute Resolution Process
  • Guidance for Parties Initiating IDR
• Centers for Medicare & Medicaid Services (CMS) Provider Resources
  • CMS Main Landing Page for “No Surprises Act” Resources
  • Summary of Provider Requirements
  • Overview of Rules and Fact Sheets
    *Includes model disclosures and standardized forms for patient notice and consent and good faith estimates
  • Information about the Independent Dispute Resolution Process
  • CMS No Surprises Help Desk or call 1-800-985-3059
  • No Surprises Act Frequently Asked Questions

This information included and linked to on this page is intended to serve as a general resource and guide. It is not to be construed as legal advice. Attorneys with knowledge of the surprise billing and price transparency laws should be consulted regarding the application of these laws to specific situations.