THERE A 7 DISCUSSION QUESTIONS FROM PREVIOUS READINGS THAT ARE ATTACHED THAT NEED
TO BE ANSWERED FOLLOWING INSTRUCTIONS GIVEN FOR EACH QUESTION. (READINGS AND LINKS BELOW). THANK YOU!
For a simple summary of the law, see: https://www.marketwatch.com/guides/business/employee-benefits/Links to an external site.
The Consolidated Appropriations Act, 2023 (CAA 2023; PL 117 – 328) is new law and includes numerous provisions related to health care. It also established protections for consumers related to surprise billing and transparency in heath care. It also amends ERISA and the Internal Revenue Code to require employer-sponsored heath plans to ensure they have access to certain cost and quality of care information. Some expect an increase in litigation, including novel claims based on breach of fiduciary duty, reaching to the employers and their governing boards. See: https://www.cms.gov/marketplace/about/oversight/other-insurance-protections/consolidated-appropriations-act-2021-caaLinks to an external site.
material published by CMS at https://www.cms.gov/nosurprisesLinks to an external site.. If you want to understand the law’s history, go to https.//www.cms.gov/nosurprises/policies-and-resources/overview-of-rules-fact-sheets.
See also: https://www.advisory.com/topics/health-plan/2023/06/3-ways-the-consolidated-appropriations-act-could-impact-healthcareLinks to an external site.
In continuing our review of the CAA, we will also review the “The No Surprises Act” and speculate on its potential effectiveness in addressing excessive billings. For ACA cases in the reading, you should be able to explain, in plain English, the competing positions of the litigants, as well as the court’s holding and the judicial reasoning in support of that holding. For the “No Surprises list of cases” that have been tracked, you should look at the number of cases filed and if they have been “fully determined” to ascertain the effect of the law. The following link provides a list of cases that have gone to independent review—https://litigationtracker.law.georgetown.edu/issues/no-surprises-act/Links to an external site.
A link summarizing the CAA is again posted below.
The Supreme Court decision in the case can be found at: https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdfLinks to an external site.
https://www.cms.gov/marketplace/about/oversight/other-insurance-protections/consolidated-appropriations-act-2021-caa#:~:text=The%20Consolidated%20Appropriations%20Act%2C%202021,and%20transparency%20in%20health%20careLinks to an external site.
