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Neal Opening Statement at Hearing on Implementation of the No Surprises Act

Washington, D.C., September 19, 2023

Thank you, Mr. Chairman for calling this hearing and thank you to our witnesses for being here today. I look forward to hearing from you.

For too long, millions of American patients struggled with unexpected out-of-pocket health costs that caused anxiety and hardship for their families. When Americans or their loved ones are suffering from poor health, the last thing they should be focused on is if they can afford their medical care. In 2021, the Ways and Means Committee expanded on our long legacy of patient-first policies, leading the charge to end the uncertainty of surprise medical billing. We brokered the No Surprises Act, putting an end to surprise medical billing while enhancing consumer protections, promoting transparency, and empowering patients with more information about the costs of their care.

Ways and Means Democrats want what's best for America’s patients. That means an accessible, affordable, and transparent health care system with robust protection for consumers. The No Surprises Act builds on these priorities while bolstering the reconciliation process between insurers and providers, providing for an impartial, structured process to settle payments with strong conflict-of-interest protections, timely decisions, and clear criteria for resolution.

Concerningly, implementation of this law has strayed from Congress’ approach, especially as it relates to the dispute resolution process. When drafting this law, we worked to ensure fairness between the parties involved in payment disputes and carefully specified the factors that should be considered during the independent dispute resolution (IDR) process. The IDR process was developed through robust, extensive Congressional consideration in this Committee for nearly two years before the No Surprises Act’s enactment. As written, this law carefully avoids any factor unduly influencing the dispute resolution process. Despite this consideration, the final rule for the No Surprises Act strays from the law as written in favor of an alternate approach that overwhelmingly favors one factor instead of an equal consideration of factors as Congress intended.

Democrats have fought to bolster patient protections and build a healthier, stronger America. We delivered the historic Affordable Care Act, and now we’re raising the first generation of Americans who don’t know a life without the patient protections and access to care the Affordable Care Act provides. Now, more Americans have health coverage than ever before. Ways and Means Democrats are committed to building on the progress that we’ve made by continuing to lower health care costs and promote price transparency. That’s why we delivered the No Surprises Act, and we will continue to work closely with the Administration to ensure that this law is implemented as Congress wrote it. It’s time to get back on track and ensure that one of the greatest consumer protection reforms in our country’s history is fully realized. 

With that, I yield back.

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