Tuesday, January 17, 2023
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 season 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 further data to their sufferers about the price of scheduled hospital stays, medical procedures, well being care providers, or referrals, primarily based on the affected person’s particular medical health insurance.

The penalties in Massachusetts had been initially set to begin on January 1, 2022. The Massachusetts Division of Public Well being first delayed these penalties till July 31, 2022, and lately re-extended the enforcement date to January 1, 2025. Many within the {industry} struggled with methods to operationalize the brand new Massachusetts regulation whereas concurrently addressing the Federal No Surprises Act and laws which have overlapping obligations. This new delay in implementation displays the Commonwealth’s appreciation of these challenges. We also needs to observe that our studying of the statute is that not solely are the penalties delayed, however the statute shouldn’t be self-implementing and implementation is delayed as effectively, which means that the necessities below this regulation will not be 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 downside of out-of-network billing.

It’s necessary to notice that this new part of the regulation, no longer efficient till January 1, 2025, changed any prior statutory language in MGL 111 sec. 228 requiring suppliers to present sufferers or potential sufferers allowed quantities upon request.



Please enter your comment!
Please enter your name here

Most Popular

Recent Comments