Notice 2022-11: Indexing factor for provisions aimed at preventing surprise medical bills

An indexing factor for the qualifying payment amount for items and services furnished in 2022 for purposes of sections 9816 and 9817

An indexing factor for the qualifying payment amount for items and services

The IRS today released an advance version of Notice 2022-11 [PDF 149 KB] that provides an indexing factor for the qualifying payment amount for items and services furnished in 2022 for purposes of sections 9816 and 9817 (as added by the “No Surprises Act”) in the case of a group health plan or group or individual health insurance issuer that does not have sufficient information as of January 31, 2019, to calculate the median of the contracted rates or for new items and services.

The “No Surprises Act” was enacted as part of the Consolidated Appropriations Act, 2021. These measures are intended to protect participants, beneficiaries, and enrollees in group health plans and group and individual health insurance coverage from surprise medical bills when they receive emergency services, non-emergency services from nonparticipating providers at participating facilities, and air ambulance services from nonparticipating providers of air ambulance services (under certain circumstances).

 

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.