10.12.26
Thompson Hine's Shira McKinlay and Beth Mandel's article "Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling," was published in Law360.
The Second Circuit recently held that the No Surprises Act does not let out-of-network providers sue to enforce IDR payment awards. That puts it in line with the Fifth Circuit, and in both circuits enforcement now runs through regulators instead of the courts.
Shira and Beth explain what this means for self-insured health plans. Their advice: keep tracking IDR exposure, and think carefully before withholding payment, because regulators can still enforce awards.
