No Surprises Act Update: The Latest Litigation, Enforcement and Implementation Challenges

The No Surprises Act (NSA), which went into effect January 1, 2022, was designed to protect patients from surprise medical bills when they are treated in out-of-network emergency departments or by out-of-network providers at in-network facilities. It represents a massive change in health patient financial practices—and controversy continues to surround its implementation, particularly around the new federal independent dispute resolution (IDR) process created under the NSA.

In a new webinar—the first program in our new health care litigation series—Manatt provides an update on the NSA, including new and ongoing litigation, enforcement and execution challenges. Topics that will be covered include:

  • A level-setting overview of the NSA and where it stands today
  • A look at the current state of IDR arbitration and its complex challenges, from the unexpected flood of arbitrations to the shortage of certified arbitrators
  • An analysis of both ongoing and new litigation across a range of factors, from the significance of the Qualifying Payment Amount to the constitutionality of the IDR process and the ban on balance bills
  • A review of federal versus state enforcement—and the latest on “who’s doing what”
  • A discussion of deferred enforcement of certain NSA provisions, such as the Good Faith Estimate/Advanced Explanation of Benefits requirements applicable to insured patients
  • Guidance on regulatory and operational risks and compliance


Steve Chiu, Partner, Manatt Health
Harvey Rochman, Partner, Health Care Litigation
Marina Shvarts, Associate, Health Care Litigation

Date and Time:

Thursday, February 16


This program has been approved for 1.0 NY CLE Skills (transitional and non-transitional) and for 1.0 CA MCLE General credit.

If you would like to receive an audio transcript of this webinar due to accessibility issues, please email us at

This program does not constitute legal advice, nor does it establish an attorney-client relationship. Views expressed by presenters are strictly their own and should not be construed to be the views of Manatt or attributed to Manatt.



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