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There are a number of topics that draw a full house for a webinar, but the recent “Unpacking the No Surprises Act” presentation produced by Experian Health was exceptional in its attendance. Participants listened intently to the general parameters and compliance criteria that make up the regulation and what it is intended to accomplish. More than 130 questions poured in during the 1-hour webinar and they were still coming in as the event closed. Read our blog to learn more about the No Surprises Act. Webinar Series: Unpacking The No Surprises Act and Q&A with an expert Industry expert Stanley Nachimson, Health IT Implementation Expert, recently hosted a series of webinars to help providers get up to speed on what they need to do to comply with the No Surprises Act. Learn about the Good Faith Estimate, how NSA will apply in different care settings, and more.   The Big Takeaway: there are a lot of questions from across the spectrum of healthcare participants. We looked through those that were submitted during the webinar, pulled together the ones that were similar, and grouped them into categories. Then we asked the expert we’ve worked with to better understand the No Surprises Act – Stanley Nachimson, principal of Nachimson Advisors* – to shed more light on some of the most common inquiries.** In another blog, Nachimson also answers your FAQ about the Good Faith Estimates. Experian Health is now offering a FREE comprehensive, updated list of No Surprises Act (NSA) payer policy alerts for United States hospitals, medical groups, and specialty healthcare service organizations. GENERAL SCOPE Who does the regulation apply to? Insured? Uninsured? The No Surprises Act is meant to protect the uninsured, self-pay patients and those covered by commercial insurance. It DOES NOT apply to government-reimbursed care, i.e., Medicare and Medicaid – essentially because balance billing is already prohibited by these payers. On the other side of the coin, the regulation generally applies to all providers of healthcare. Is this restricted to “emergency care” and has emergency care been defined? The regulation was established to make sure patients are only responsible for in-network charges related to emergency services or scheduled services, in any hospital. As for the definition of “emergency,” the regulation defines that in the Prudent Layperson language, which defines an emergency medical condition as manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in: a) placing the patient’s health in serious jeopardy; b) serious impairment to bodily functions; or c) serious dysfunction of any bodily organ or part. Does the No Surprises Act supersede state laws? The federal regulation is the default in states where there are no similar laws to protect against balance billing. In states that do have laws addressing this, NSA takes priority when the state law provides less protection to the patient. Also, in states with No Surprise regulations already in place, the federal law defers to state law as to how much fully insured plans must pay a provider for surprise OON services, rather than requiring arbitration mandated by the federal regulation. Is there an explanation of how this will be enforced? Enforcement procedures are still being worked out, as several entities are impacted. Three levels of enforcement have been proposed: State enforcement – states will have primary enforcement responsibility and CMS would step in for states that will not enforce the law or “fail[s] to substantially enforce” the law Civil penalties (at $10,000 per violation) Possible mechanisms that could initiate enforcement actions, which have been discussed, include patient reporting tools and market conduct investigations initiated by CMS. OPERATIONAL IMPACT What are the primary provider workflows impacted by the No Surprises Act? The most impact will be around scheduling, estimates and producing a good faith estimate (GFE). The systems and solutions in place to determine eligibility and coverage will have additional pressure for accuracy. At this point, if necessary or desired, the mechanism for securing patient consent for OON services will come into play, too. The timing requirements of the law’s expectation of when a GFE will be provided put the front-end operations under a microscope. The “convening provider” challenge of which entity will be responsible for assembling the GFE is a major issue.  The convening provider must present the GFE in a standard format to either the health plan for insured patients; or to the patient in a manner that is clear and understandable stands to require substantial modifications to workflow. The most recent guidance from CMS states that there will be a one-year postponement in enforcing the rules, for uninsured patients, requiring a provider to get estimates from other providers involved in the care. Are office visits included in the regulation? Radiology? Lab work? It appears to be so. The industry is questioning the required range of services.  Any Advance Explanation of Benefits that contains out-of-network providers must include information on how to find in-network providers for those services.   This is definitely one area of the law that the healthcare community is looking to help shape. Is there a best practice for identifying OON status? Most providers should be aware of their network status for any health plan.  That is going to be a question answered at the medical system and very likely individual provider facility level. However, determining the network status of other providers may be a problem.  Most health plans have provider directories available for their members or on their websites.  There won’t likely be a “standard” other than the very clear expectation of the law that no one will be balance billed for any care received that is OON, unless that is consented to by the patient. The systems and communications with the payers and protocols required to meet this compliance standard are going to be unique to different facilities. It sounds oversimplified, but the best practice may be not to balance bill a patient for the care they receive without their consent. SPECIFICS Will there be standardized documentation provided by CMS and, if so, will they be required? No matter the document format, there is a set of requirements for patient notices. These include: A statement that the provider or facility is OON (if that is the case) An itemized, good faith estimate of the cost of care Information on prior authorization and utilization management limitations The notice must be in a format the patient can understand and is accessible (i.e., preferred language and apart from other documents). A variety of model forms and notices are available on the CMS “Overview of Rules and Fact Sheets” page: Standard notice & consent forms for nonparticipating providers & emergency facilities regarding consumer consent on balance billing protections: Download the Surprise Billing Protection Form Model disclosure notice on patient protections against surprise billing for providers, facilities, health plans and insurers: Download Patient Rights & Protections Against Surprise Medical Bills Paperwork Reduction Act (PRA) model notices and information collection requirements for the Federal Independent Dispute Resolution Process: Download Model Notices and Information Requirements Paperwork Reduction Act (PRA) model notices and information collection requirements for the good-faith estimate and patient-provider payment dispute resolution Download Model Notices and Information Requirements Additionally, The Department of Labor published a Model Notice link on its No Surprises Act overview page. Which entity is considered the “lead” and responsible for coordinating the GFE, consent forms and other documentation required to show compliance? The “lead”, or “convening provider” entity is widely expected to be the scheduling provider but that has not been established officially. This is another of the areas where input is needed from multiple stakeholders. What parts of the law have been postponed? Good faith estimates to INSURED individuals have been postponed "until rulemaking to fully implement this requirement…is adopted and applicable." The delay for insured individuals was the result of a general expectation that it is not possible for payers and providers to stand up necessary systems to achieve this by Jan. 1, 2022. The distinction was made that insured patients have means of recourse if they receive an incorrect estimate. Similarly, advanced explanation of benefits (AEOB) is expected to be delayed until the data transfer systems and other requirements to provide an accurate AEOB to the patient are in place. It is expected that short-term remedies to this will be put into effect by HHS. It is important to note that these delays in enforcement do not change the core of the rule, which prohibits balance billing of OON care and services that a patient is unaware of and does not consent to. On-Demand Webinar: “Unpacking the No Surprises Act” – October 20, 2021 Listen in as Roger Johnson, VP of Payer Solutions at Experian Health, and Stanley Nachimson, Health IT Implementation Expert, help providers get up to speed on what they need to do to comply with the No Surprises Act in this 60-minute session. This on-demand webinar will help your organization make sense of the new regulatory requirements and provide strategic recommendations on how to prepare. *Stanley Nachimson is not an employee or representative of Experian Health. **The scope and details of the No Surprises Act are evolving. The information provided here is up to date as of November 18, 2021. This content is intended for information and education purposes only.  Experian Health cannot and does not provide legal and compliance guidance.  It is recommended that all organizations review the regulation thoroughly and seek appropriate legal and compliance guidance to determine an appropriate strategy for compliance. Experian Health offers solutions across the healthcare journey – including patient engagement, revenue cycle management, identity management, care management and analytics – that may contribute to meeting compliance requirements.

Being able to settle bills anytime, anywhere, is one of the reasons why 110 million Americans switched to “digital-first” payment methods last year. Today’s consumers can pay household bills with their mobile devices while cooking dinner or waiting in the school pick-up line. They can pay for their morning coffee by tapping their phone at the point of sale. Imagine their frustration when paying for healthcare still involves paper bills, multiple phone calls, and limited payment options. But the healthcare industry can make the same “anytime, anywhere” payment promise. Berenice Navarrete, Director of Product Management for Patient Payments at Experian Health, says: “We’ve seen healthcare make great strides in using automation and digital tools for scheduling, registration, and telehealth, fueled in no small part by the pandemic. As consumer payments are constantly evolving, there are huge opportunities for improvements in the patient payment experience too.” “We’ve seen healthcare make great strides in using automation and digital tools for scheduling, registration, and telehealth, fueled in no small part by the pandemic. As consumer payments are constantly evolving, there are huge opportunities for improvements in the patient payment experience too.” -Berenice Navarrete, Director of Product Management for Patient Payments Experian Health’s recent Payments Predictions white paper identifies seven emerging healthcare payment predictions and trends heading into 2022. This blog offers a preview of the top three insights that will be of interest to providers intending to leverage – or considering – digital tools that simplify payments and speed up healthcare collections. Prediction: Patients want fast, secure and smooth payments to match their experience in other industries. According to Experian Health’s State of Patient Access 2.0 survey, providers are feeling more confident about collecting payments from patients now, compared to a year ago. However, the collections landscape is always changing; providers should continue to find ways to match consumer expectations with tailored communications, flexible payment options and automated payment methods. Listen in as Matt Baltzer, Senior Director of Product Management at Experian Health, explains why providers feel more confident about patient collections. He also discusses how automated healthcare solutions can help providers shore up these gains and optimize healthcare collections – especially as consumer behavior returns to pre-pandemic patterns. As cash usage declines, patients are looking for a wider variety of payment options – a trend that’s likely to gather steam as digital payment platforms like Apple Pay and Google Pay continue to gain traction. Providers must keep pace with these advances in consumer payment technology. Utilizing Patient Financial Advisor is one way to give patients the flexible experience they want. This solution sends personalized text messages with links to convenient and contactless ways to pay.  Patients may have different preferences about payment methods, but they all want to feel confident that their payment is secure. With PaymentSafe, healthcare providers can collect any form of payment securely and quickly, regardless of the payment option a patient chooses. Prediction: Patient loyalty will be tied to a convenient and compassionate payment experience. A poor payment experience will leave a bad taste in the patient’s mouth, regardless of how good the rest of their healthcare journey has been. With 70% of consumers saying healthcare is the industry that makes it hardest to pay, any provider that offers a smooth, supportive and transparent payment experience is going to stand out from the competition and foster greater patient loyalty. Comprehensive consumer data can give providers early and accurate insights into a patient’s specific financial situation. This information can help providers direct the patient to the most appropriate financing options. Automation can then be leveraged to send timely reminders of open balances, improve patient engagement and minimize the risk of missed payments. Tools such as Patient Financial Advisor and Patient Payment Estimates can help providers give patients transparency, control and reassurance from the very start of their financial journey, so bills are settled quickly and easily. Prediction: Automation will be used for an increasing number of payment-related tasks. Artificial intelligence and automation aren’t just for cars and the metaverse. Technological advancements are opening up a wide range of benefits to healthcare providers, from faster patient payments to fraud prevention. Automation also enables operational efficiencies in reporting and reconciliation, while protecting and processing unprecedented amounts of patient data. For example, Collections Optimization Manager uses extensive datasets and advanced analytics to segment patient accounts according to each individual’s specific financial situation. Patient satisfaction will improve because patients receive the right support at the right time. Additionally, providers will be able to use monitoring and benchmarking data to spot previously unseen opportunities and further improve collections. Keeping that “anytime, anywhere” promise COVID-19 was a catalyst for the evolution of healthcare payments. Digital payment solutions that give patients easy, convenient, and safe ways to pay not only help meet changing consumer expectations but will also allow providers to boost loyalty and revenue for years to come. Download the white paper to discover a full list of healthcare payment predictions and find out how to create a modern payment experience that meets patient expectations.

Mass relocations during the pandemic caused seismic shifts in healthcare markets. With millions of Americans moving and reshuffling to be closer to family or take advantage of remote working opportunities, healthcare providers have extra work on their hands to ensure their patient base holds steady. Some attrition is inevitable; however, as more patients relocate, providers may see more patient churn than usual. Unfortunately, this means more dollars in lost revenue. On top of this, consumers have changing expectations and more choices when it comes to healthcare, which means even more patients coming and going. Providers must find new ways to differentiate themselves in an increasingly competitive market for patient recruitment and retention. In June 2021, our State of Patient Access 2.0 survey revealed that attracting and retaining patients was a top revenue recovery strategy for providers hoping to make up for the shortfall caused by the pandemic. An Interview with the Expert, featuring Mindy Pankoke, Sr. Product Manager of Patient Identity and Care Management at Experian Health, sheds some light on the opportunities that lie ahead for patient recruitment and retention. Pankoke also explains how consumer data can help providers deliver an outstanding patient engagement experience. Watch the interview below:   How have patient recruitment and retention been affected by the pandemic? The pandemic changed how patients live and work. Many have relocated, while others have overhauled their lifestyles to find a better work-life balance and/or to pay closer attention to their health. Pankoke explains that these changes not only push patient recruitment up the priority list, but also require providers to take a bird’s eye view of their evolving markets in order to develop a better understanding of who their patients are. She says, “Waves of employment, unemployment and remote working mean patients’ locations and lifestyles have changed. As the dust settles, we’re starting to see how the market has shifted. It continues to be highly competitive, with multiple health systems fighting for the same patient base, so it’s important to know who’s new to your market, who might have moved out, and how COVID-19 may have impacted their lives. You can use that data to better engage with them and offer the most relevant communications.” How can data help providers with patient recruitment and retention? Understanding patients’ needs and preferences call for fresh and accurate consumer data. But which specific data points are most useful when it comes to patient engagement and recruitment? Pankoke suggests three areas to focus on: “Accurate contact information will make or break your patient recruitment strategy. Providers need to be able to reach the patient they’re intending to contact. Then, you can enhance demographic data by making sure you’re speaking to patients in their preferred language. Finally, marketing data can offer non-clinical insights about patients’ lifestyles so you can reach out and engage them more effectively.” Pankoke says it’s important to consider how the content and format of marketing communications might resonate with different patients. For example, a 50-year-old diabetic patient who has a job and lives in a multi-generational household will have a completely different lifestyle to that of a 50-year-old diabetic patient who is retired and lives alone. Consumer data can help providers see the full picture of a patient’s life, so they can offer the most helpful, sensitive and personalized information. Using data to “meet patients where they are” One way to stand out from the competition is to demonstrate an understanding of what patients need right now. Data on the social determinants of health (SDOH) can be used to enrich patient records, by providing insights into the non-clinical aspects of care and lifestyle factors that can affect a patient’s access to services. This is especially important given that socially and economically vulnerable groups were among those hardest hit by the pandemic. In our survey, 23% of providers said they were planning to or already implementing SDOH programs, up from 13% six months earlier. With SDOH data at their fingertips, providers can tailor their communications, so patients are supported to access the services they need at that moment in time. Reliable consumer data also helps providers communicate that information in the most appropriate way, to improve engagement, outreach and access. Pankoke suggests that some patients may prefer to learn about healthcare services through TV advertising, while others may prefer a leaflet or brochure through their door. Knowing your patients’ level of comfort with technology also means you can make better decisions about who to direct to patient portals or telehealth services. Get in front of patients before they start looking In today’s consumer-driven and competitive healthcare market, every touchpoint matters. Communications that are consistent, relevant and personalized are key to attracting and retaining patients. With the right data and digital tools, providers can anticipate patients’ needs, address obstacles and reach out to help patients stay on track with their healthcare journey. They can offer convenient and flexible options to register, schedule and pay for services – using a format that best suits each patient. In some cases, this means knowing what the patient needs before the patient knows it themselves. It’s a lot easier to get in front of patients with useful healthcare information before they start looking. Consumer data gives providers a head start so they can integrate SDOH and other patient information in patient recruitment and retention strategies that are proactive, rather than reactive. Watch the full interview with Mindy and download our State of Patient Access Survey 2.0, to find out how your healthcare organization can incorporate consumer data to communicate the right message in the right format to attract and retain loyal consumers.