By: HUB’s EB Compliance Team

The U.S. Department of Health and Human Services (HHS), Labor and Treasury (the “Departments") recently confirmed that group health plans and insurers will not be required to report information regarding air ambulance services until after final regulations are issued. Since those final regulations currently remain pending, plan sponsors enjoy a reporting respite. This is a helpful confirmation as the Departments had previously expressed reporting would first be due in March 2023, based on an assumption that final rules would be issued by now.

Background

Under the No Surprises Act (“NSA”) that was enacted as part of Consolidated Appropriations Act, 2021 (“CAA”), group health plans and health insurers are required to report to the Departments claims data for air ambulance services, disaggregated by several factors including emergency versus non-emergency services, aircraft details, itinerary, mileage and network status. The annual reporting is to take place over two years and after that, HHS will deliver a comprehensive public statement synthesizing the reported information. Air ambulance providers are also subject to separate reporting to the U.S. Department of Transportation.

Under the NSA, initial reporting is not due until more than a year following the issuance of final regulations. In 2021, the Departments proposed regulations on these requirements. At that time, they anticipated air ambulance reporting would first be due March 31, 2023, because they anticipated releasing final regulations by the end of 2021, as required by the NSA. However, the Departments have not yet finalized these regulations.

Confirmation

Last week, HHS updated its posted air ambulance reporting website to include a statement that “[t]he final rules will specify the final reporting requirements, including the data elements and the deadlines for the data collection. The data collection will not begin until after the final rules are published.” Based on the language in the NSA and the fact that final regulations have not been issued, this means that reporting will not be due in March 2023, as originally anticipated.

Although this news provides welcome confirmation, it’s also a key reminder of the myriad of new reporting requirements enacted as part of the NSA and CAA. Employers should keep an eye out for the final regulations and be prepared to work with their insurance carriers or third party administrators to facilitate this reporting once it becomes due.

If you have any questions, please contact your HUB Advisor. View more compliance articles in our Compliance Directory.

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