Thursday, August 4, 2022
HomeHealth LawPostponement within the Massachusetts Sufferers First Act Penalties

Postponement within the Massachusetts Sufferers First Act Penalties



Thanks to co-author Ilana Meyer, a summer time affiliate in Foley’s Boston workplace, for her contributions to this submit.

On July 5, 2022, the Commonwealth of Massachusetts re-extended the implementation and enforcement date for the “Sufferers First Act”, typically known as the Massachusetts No Surprises Act, to January 1, 2025. As mentioned in our prior weblog, this regulation requires Massachusetts well being care suppliers to reveal extra info to their sufferers about the price of scheduled hospital stays, medical procedures, well being care companies, or referrals, primarily based on the affected person’s particular medical health insurance.

The penalties in Massachusetts had been initially set to start out on January 1, 2022. The Massachusetts Division of Public Well being first delayed these penalties till July 31, 2022, and just lately re-extended the enforcement date to January 1, 2025. Many within the {industry} struggled with learn how to operationalize the brand new Massachusetts regulation whereas concurrently addressing the Federal No Surprises Act and rules which have overlapping obligations. This new delay in implementation displays the Commonwealth’s appreciation of these challenges. We must also notice that our studying of the statute is that not solely are the penalties delayed, however the statute isn’t self-implementing and implementation is delayed as nicely, that means that the necessities beneath this regulation should not efficient till January 1, 2025.

Delayed implementation and enforcement for non-compliance with the Sufferers First Act and the Federal No Surprises Act illustrates the complexities in fixing the industry-wide drawback of out-of-network billing.

It’s essential to notice that this new part of the regulation, not efficient till January 1, 2025, changed any prior statutory language in MGL 111 sec. 228 requiring suppliers to provide sufferers or potential sufferers allowed quantities upon request.

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