Xavier Becerra, Secretary of the U.S. Department of Health and Human Services (HHS) recently informed the House Appropriations Committee that he would be seeking feedback from stakeholders before enacting a policy to end surprise billing although he did not affirm whether he would use the formal rulemaking process. Typically, the rulemaking process sets out proposed regulations and then welcomes comments from all stakeholders. The No Surprises Act applies to ERISA self-funded and fully insured plans and prohibits

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