About

Milanna Datlow is a member of Robinson+Cole's Managed Care + Employee Benefit Litigation Group. She has experience defending group welfare benefits and pension benefits plans…

Milanna Datlow is a member of Robinson+Cole's Managed Care + Employee Benefit Litigation Group. She has experience defending group welfare benefits and pension benefits plans subject to the Employee Retirement Income Security Act (ERISA) against allegations of fiduciary violations and other claims under ERISA brought by the Secretary of Labor and by a workers' union in an alleged class action. Milanna also defended cases involving allegations of medical malpractice as well as hospital negligence. Read her full rc.com bio here.

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On July 1, 2021, the Departments of Health and Human Services (HHS), Labor, and Treasury (together, “the Departments”), and the Office of Personnel Management, issued Requirements Related to Surprise Billing; Part I (Interim Final Rules (IFR) with Request for Comments).  This is the first set of regulations implementing the federal No Surprises Act (NSA), which was enacted as part of the Consolidated Appropriations Act of 2021.

Medicare and Medicaid already prohibit surprise billing/balance billing, and the NSA extends this protection to patients insured through employer-based and individual health plans. The NSA applies to fully insured and self-insured group health plans, including grandfathered plans, but they do not apply to excepted benefits (such as limited-scope dental and vision plans, and most health flexible spending arrangements), or to health reimbursement arrangements.

To be considered, written comments to the IFR must be received by 5 p.m. on September 7, 2021If the agency is persuaded by any of the comments and so chooses, the rule can be amended in light of those comments.

About

Milanna Datlow is a member of Robinson+Cole's Managed Care + Employee Benefit Litigation Group. She has experience defending group welfare benefits and pension benefits plans…

Milanna Datlow is a member of Robinson+Cole's Managed Care + Employee Benefit Litigation Group. She has experience defending group welfare benefits and pension benefits plans subject to the Employee Retirement Income Security Act (ERISA) against allegations of fiduciary violations and other claims under ERISA brought by the Secretary of Labor and by a workers' union in an alleged class action. Milanna also defended cases involving allegations of medical malpractice as well as hospital negligence. Read her full rc.com bio here.