Legis Daily

No Surprises Act Enforcement Act

USA119th CongressS-2420| Senate 
| Updated: 7/23/2025
Roger Marshall

Roger Marshall

Republican Senator

Kansas

Cosponsors (1)
Michael F. Bennet (Democratic)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The "No Surprises Act Enforcement Act" aims to strengthen the enforcement of existing balance billing protections under the Public Health Service Act, ERISA, and the Internal Revenue Code. This legislation introduces substantial increases in penalties for non-compliance by group health plans and health insurance issuers. It also establishes new financial consequences for both plans and providers who fail to adhere to payment determinations made through the independent dispute resolution process. Specifically, the bill amends current law to raise the civil penalty for group health plans and health insurance issuers from $100 to $10,000 per violation for specific failures related to balance billing requirements. These violations include those concerning out-of-network emergency services, certain non-emergency services provided at in-network facilities, and air ambulance services. This aims to create a stronger deterrent against practices that lead to surprise medical bills for consumers. Furthermore, the Act introduces new penalties for late or non-payment following a determination by an Independent Dispute Resolution (IDR) entity. If a required payment is not made within 30 days of the IDR determination, the non-compliant party—whether a plan, issuer, or nonparticipating provider/facility—must pay an additional penalty. This penalty is set at three times the difference between the initial payment (or $0 if payment was denied) and the final out-of-network rate determined by the IDR process, plus interest. To enhance accountability and oversight, the bill mandates increased transparency reporting requirements. The Secretary of Health and Human Services, in coordination with the Secretaries of Labor and the Treasury, will be required to submit semi-annual reports to Congress. These reports will detail the number of audits conducted, enforcement actions taken, the volume of complaints received from both providers and consumers, the total and aggregate amounts of civil monetary penalties issued, and a summary of non-monetary corrective actions. The reports will also highlight the three most commonly reported violations, providing valuable insights into areas needing further attention.
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Timeline

Bill from Previous Congress

S 118-5535
No Surprises Act Enforcement Act
Jul 23, 2025

Latest Companion Bill Action

HR 119-4710
Introduced in House
Jul 23, 2025
Introduced in Senate
Jul 23, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • Bill from Previous Congress

    S 118-5535
    No Surprises Act Enforcement Act


  • July 23, 2025

    Latest Companion Bill Action

    HR 119-4710
    Introduced in House


  • July 23, 2025
    Introduced in Senate


  • July 23, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health

Related Bills

  • HR 119-4710: No Surprises Act Enforcement Act

No Surprises Act Enforcement Act

USA119th CongressS-2420| Senate 
| Updated: 7/23/2025
The "No Surprises Act Enforcement Act" aims to strengthen the enforcement of existing balance billing protections under the Public Health Service Act, ERISA, and the Internal Revenue Code. This legislation introduces substantial increases in penalties for non-compliance by group health plans and health insurance issuers. It also establishes new financial consequences for both plans and providers who fail to adhere to payment determinations made through the independent dispute resolution process. Specifically, the bill amends current law to raise the civil penalty for group health plans and health insurance issuers from $100 to $10,000 per violation for specific failures related to balance billing requirements. These violations include those concerning out-of-network emergency services, certain non-emergency services provided at in-network facilities, and air ambulance services. This aims to create a stronger deterrent against practices that lead to surprise medical bills for consumers. Furthermore, the Act introduces new penalties for late or non-payment following a determination by an Independent Dispute Resolution (IDR) entity. If a required payment is not made within 30 days of the IDR determination, the non-compliant party—whether a plan, issuer, or nonparticipating provider/facility—must pay an additional penalty. This penalty is set at three times the difference between the initial payment (or $0 if payment was denied) and the final out-of-network rate determined by the IDR process, plus interest. To enhance accountability and oversight, the bill mandates increased transparency reporting requirements. The Secretary of Health and Human Services, in coordination with the Secretaries of Labor and the Treasury, will be required to submit semi-annual reports to Congress. These reports will detail the number of audits conducted, enforcement actions taken, the volume of complaints received from both providers and consumers, the total and aggregate amounts of civil monetary penalties issued, and a summary of non-monetary corrective actions. The reports will also highlight the three most commonly reported violations, providing valuable insights into areas needing further attention.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 118-5535
No Surprises Act Enforcement Act
Jul 23, 2025

Latest Companion Bill Action

HR 119-4710
Introduced in House
Jul 23, 2025
Introduced in Senate
Jul 23, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • Bill from Previous Congress

    S 118-5535
    No Surprises Act Enforcement Act


  • July 23, 2025

    Latest Companion Bill Action

    HR 119-4710
    Introduced in House


  • July 23, 2025
    Introduced in Senate


  • July 23, 2025
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Roger Marshall

Roger Marshall

Republican Senator

Kansas

Cosponsors (1)
Michael F. Bennet (Democratic)

Health, Education, Labor, and Pensions Committee

Health

Related Bills

  • HR 119-4710: No Surprises Act Enforcement Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted