Recent articles have stated that provider directories used by group health plans are often not accurate, despite the new requirements in the No Surprises Act. Does an employer have any responsibility to take action as the sponsor of a group health plan?
Yes, plan sponsors should be reviewing their group health plan provider directories with their third-party administrators (TPAs) and carriers to make sure these directories are up to date and accurate.
For plan years beginning in 2022, the No Surprises Act (NSA) requires group health plans to establish provider directory databases on their public websites that list required information for each in-network healthcare provider and facility. “Required information” includes the provider’s name, address, specialty, telephone number and digital contact information.
Note: If the group health plan maintains a print provider directory in addition to the digital database, the print directory must include a notification that the printed information was accurate as of the date of publication and that enrollees should consult the plan’s public website database or contact the plan for the most current provider directory information.
The NSA further requires each group health plan to establish a process to verify and update, at least once every 90 days, the information included in the provider directory database. The process must include a procedure for removing a provider or facility from the database if the plan has been unable to verify the directory information during a period specified by the plan and must also provide for updating the database within two business days after the plan receives new provider or facility information.
Plans must also establish a protocol that meets specified requirements for responding to plan participant requests about whether a provider or facility is in-network.
If an out-of-network provider is inaccurately identified as being in-network in a provider directory, and an individual obtains items or services from that provider, the NSA requires a plan to do both of the following:
These NSA provisions apply to plan years beginning on or after January 1, 2022. Affordable Care Act FAQs Part 49 direct group health plans to implement these provisions using a good faith, reasonable interpretation of the statute until further rulemaking is issued.