Making the No Surprises Act Work

The No Surprises Act protects patients from surprise bills and sends payment disputes to binding arbitration. That protection is working. The gap is what happens after the decision. EARA supports practical fixes that make sure a binding decision leads to payment.

The Fixes We Support

  • A decision should mean payment. Unpaid arbitration awards should be enforceable in federal court, with interest and fees, the same way other binding awards are.

  • Providers need direct recourse. Private enforcement adds to agency penalties without replacing them, so payment does not depend on an agency having time to act.

  • Close the loopholes. A plan that has already paid part of a claim should not be able to dispute coverage later, and a plan that refuses to take part in arbitration should not be able to stall the process.

  • Let patients assign their claims. Patients should be able to transfer a covered claim to the provider who treated them, so recovery does not become a paperwork job.

  • Keep patients out of the middle. Every fix keeps the No Surprises Act’s patient protections fully in place.

  • No new spending. These changes enforce existing law. They create no new program and require no federal appropriation.

Why It Matters

Emergency air medical bases depend on dependable resources for crews, aircraft and round-the-clock readiness. When a payment decision goes unpaid, that readiness is at risk. Learn about the existing federal IDR process.

Where Things Stand

EARA is working with members of Congress from both parties to strengthen enforcement of the No Surprises Act. Want to learn more or get involved? Contact EARA.

In the national conversation: EARA advisor M. Dylan McClelland explains why payment accountability matters in his Los Angeles Times opinion, “Insurers have skewed arbitration for years.”