Notice: Blanket Waiver regarding “No Surprises Act” Notices – 6 CCR 1011-1 Chapter 2, Part 7.1.3 and Appendix A

 

To: All Health Facilities From: HFEMSD On January 25, 2023, the Division issued a blanket waiver for health facilities related to the federal “No Surprises Act” of 2020 and related to Colorado House Bill 22-1284. Please note that this waiver applies to all facilities, with no waiver application needed. The following parts of 6 CCR 1011-1, Chapter 2 are now waived: 6 CCR 1011-1 Chapter 2 Section 7.1.3 and Appendix A. The facility’s response to this waiver, and the notices it is now expected to provide, depends on the services a facility provides and whether the federal law applies to the facility, as follows: Health facilities covered under the federal No Surprises Act are expected to: Use and disseminate disclosure notices consistent with the model disclosure and consent documents provided by CMS. Comply with federal requirements related to the federal No Surprises Act. Follow federal guidance on providing cost estimates for consumers.   Health Facilities not covered by the federal No Surprises Act but provide emergency services (including emergency behavioral health services ) or non-emergency services by an out-of-network provider who is providing services at an in-network facility OR providing emergency services (including emergency behavioral health services) at an out-of-network facility are expected to: Follow state law as found in Sections 25-3-121, and 25-3-122, C.R.S.   Health facilities that do not meet either of the two categories above are not required to provide notice or consent documents related to the No Surprises Act. Please note that in order for this category to apply, a facility must provide no emergency services and must not engage in “balance billing” under healthcare insurance. The waiver contains additional details and clarification for health facilities and can be found on the Health facilities licensure, certification, and registration web page. If you have any questions regarding this waiver, please feel free to contact the following individuals based on facility type: Jo Tansey - jo.tansey@state.co.us - Acute Care & Nursing Facilities: Hospitals, Nursing Facilities, Community Clinics, Community Clinic & Emergency Center, Dialysis Centers, Ambulatory Surgery Centers, Birth Centers Steve Cox - steve.cox@state.co.us - Home & Community Facilities: Assisted Living Residences, Alternate Care Facilities, Hospices, Home Care Agencies, Home Health Agencies, Adult Day Services Jane Flournoy - jane.flournoy@state.co.us - Behavioral Health & Community Services:  Behavioral Health Entities, Intermediate Care Facilities for Individuals with Intellectual & Developmental Disabilities, Residential Care Facilities (Group Homes) for Individuals with Intellectual and Developmental Disabilities   Thank you.