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Mental and Behavioral Health Treatment Providers Seek Exemption from No Surprises Billing Legislation

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A group of organizations representing a broad array of providers across the spectrum of mental and behavioral health treatment have written a letter to the Secretary U.S. Department of Health & Human Services expressing their concerns about the Interim Final Rules (“IFRs”) issued last year under the No Surprises Act, which took effect on Jan 1, 2022.

They state that while they share the Administration’s goal to facilitate transparency in health care costs, these rules have a disproportionate impact on mental and behavioral health providers and unnecessarily add to their existing administrative burdens.

They are particularly concerned about the impact these IFRs will have on access to mental and behavioral health services in communities that have long lacked access to these services. Because of this they have requested a stay on enforcement of these IFRs affecting routine mental and behavioral health services. If the Administration insists on retaining the existing regulations, they ask for an exemption to the current IFRs for mental and behavioral health providers, who, they say, were not the problem the No Surprises Act sought to resolve and often lack the resources to fulfill the steep administrative burdens these rules impose.

The group includes: American Psychological Association, American Psychiatric Association, National Association of Social Workers, National Board for Certified Counselors, American Mental Health Counselors Association, American Counseling Association, American Association for Marriage and Family Therapy, California Association of Marriage and Family Therapists, National Association for Behavioral Healthcare, Psychotherapy Action Network and Clinical Social Work Association.

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