Murphy Introduces Bipartisan, Bicameral Legislation to Improve Enforcement of No Surprises Act

Washington, D.C. — Congressman Greg Murphy, M.D., introduced the No Surprises Enforcement Act, alongside Representatives Jimmy Panetta (D-CA), John Joyce, M.D. (R-PA), Raul Ruiz, M.D. (D-CA), Bob Onder, M.D. (R-MO), and Kim Schrier, M.D. (D-WA), to reinforce the historic No Surprises Act which protects patients from surprise medical bills. Senators Roger Marshall, M.D. (R-KS), and Michael Bennet (D-CO) introduced companion legislation in the United States Senate.

"Nearly five years ago, the bipartisan No Surprises Act was signed into law to eliminate surprise medical billing," said Congressman Greg Murphy, M.D. "Although this historic legislation became law, big insurance companies have not been held accountable for paying what they owe. My bill cracks down on those that are willfully defying the law and doubles down on protecting patients. I am grateful for the continued bipartisan support to put patients first and prevent Americans from being crushed by medical debt from surprise billing."

"Surprise medical bills can have devastating economic impacts on families’ checkbooks. The idea that health insurers are breaking the law and unfairly punishing patients and providers is unbelievable," said Senator Roger Marshall, M.D. "Our legislation ensures that out-of-network medical bills are resolved promptly and fairly, with enhanced penalties for any failure by the health insurers to do so. We are keeping our promises to the American people, who often feel helpless battling the powerful insurers and the health care industry. This bill will double down to ensure this law is properly enforced."

"For too long, surprise medical bills left Coloradans on the hook for high, unexpected costs after a hospital visit," said Senator Michael Bennet. "That’s why I introduced bipartisan legislation in 2019 to ban this harmful practice, and I was glad to see the No Surprises Act signed into law. This legislation ensures that health care providers and insurance companies are upholding their obligations under that law."

"Gaps in the enforcement of the No Surprises Act have allowed some providers and insurers to sidestep the law and leave patients vulnerable to unexpected medical bills," said Congressman Jimmy Panetta. "Our bipartisan No Surprises Act Enforcement Act would increase penalties and close enforcement loopholes to give this law more teeth and dissuade bad actors.  We need to be doing all we can to shield working families from costly, surprise medical expenses and restore fairness and accountability across our health care system."

"The No Surprises Act was the culmination of months of bipartisan work to ensure patients do not face surprise medical bills when receiving medical services outside of their network. Unfortunately, implementation of this law has been deeply flawed, often flagrantly ignoring Congressional intent," said Congressman John Joyce, M.D. "By introducing the bipartisan No Surprises Act Enforcement Act, we can ensure balance in the way the No Surprises Act is being enforced by enacting necessary penalties for those not complying promptly with the law itself."

"As an emergency physician, I’ve seen how delayed payments to providers hurt patients in underserved communities," said Congressman Raul Ruiz, M.D. "The No Surprises Act Enforcement Act will ensure accountability for both insurers and providers, so health officials can enforce the law effectively and patients can receive timely, uninterrupted care."

"When Congress passed the No Surprises Act in 2020, it had one mission: protect patients from crippling, unexpected medical bills," said Congressman Bob Onder, M.D. "But now, far too many insurance companies are skirting the law by refusing to pay providers on time, shifting costs back onto families, and even surprise billing patients. That’s unacceptable. The No Surprises Act Enforcement Act holds insurers accountable by applying the same penalties to insurers that already exist for providers. This bipartisan bill sends a clear message: our parents, our kids, and everyday Missourians deserve accountability, transparency, and fairness, no matter who’s at fault."

"In 2020, I was proud to join my colleagues in supporting the No Surprises Act, a bipartisan bill to protect patients from unexpected medical bills when emergency care is provided out of network," said Congresswoman Kim Schrier, M.D. "The No Surprises Enforcement Act will hold insurers and providers equally responsible for upholding the guidelines set by the No Surprises Act and continue to protect patients."

Background
The bipartisan, bicameral No Surprises Act was signed into law in 2020 to instill key patient protections while ensuring a balanced resolution process for disputes between insurers and providers in our health system. The law protected patients from unexpected out-of-network “surprise” medical bills and established the framework for an effective and balanced independent dispute resolution process (IDR). However, this balanced framework is not being effectuated as Congress intended.

This legislation reinforces the No Surprises Act by:

• Closing enforcement gaps through increased penalties for non-compliance of statutory payment deadlines.
• Providing parity between penalties imposed against parties non-compliant with statutory patient protection provisions.
• Increasing transparency in reporting requirements.