Sec. 10. Applicability to States with surprise billing laws
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/bill/116/s/1531/is/section-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit a State from enacting patient protections that are greater than those provided for in such amendments. In the case of a group health plan, individual health plan, and non-Federal governmental health plan offered in a State that has not enacted a law to determine the payment resolution between enrollees and health care facilities or professionals relating to surprise medical bills, the procedures applicable to self-insured group health plans for the resolution of surprise medical bills under this Act (including the amendments made by this Act), shall apply to determine compensation with respect to a surprise medical bill, until such time as the State enacts a law providing for such a resolution methodology.
Section 715 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185d ) is amended by adding at the end the following: In the case of a fully insured group health plan— a State may establish procedures for determining the appropriate compensation applicable to surprise medical bills between a participant or beneficiary and a health care facility or professional so long as the methodology used relies on the definition of surprise medical bill and the prohibitions contained in section 2729A of the Public Health Service Act; and a State may enact laws relating to rate-setting, independent dispute resolution, an in-network guarantee, or an alternative methodology that complies with paragraph (1).
In the case of a self-insured group health plan, the resolution methodology provided for under section 2729A of the Public Health Service Act, shall be used to determine compensation with respect to a surprise medical bill. . In the case of a health plan under chapter 89 of title 5, United States Code, the resolution methodology provided for under this Act (including the amendments made by this Act), shall be used to determine compensation with respect to a surprise medical bill.
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Sec. 10
Applicability to States with surprise billing laws
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