HMSA must comply with transparency provisions of two mandates that will impact stakeholders as of Jan. 1, 2022: The Transparency in Coverage Rule (TCR) and the Consolidated Appropriations Act (CAA). Many of the requirements of these rules overlap but the main driver of both is to provide consumers with cost information about medical services before receiving care.
On Aug. 20, the Departments of Labor, Health and Human Services, and the Treasury released updated information related to certain provisions of TCR and CAA. As detailed in the FAQs, the departments have deferred enforcement of certain requirements and provided additional information to clarify certain provisions. The updates and FAQs released by the departments are available at dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/faqs/aca-part-49.pdf [PDF].
More information can be found on the CMS Provider requirements and resources page.
To the extent the TCR and/or CAA conflict with any language in HMSA’s participating provider agreements, HMSA shall comply with law and the requirements of the TCR and/or CAA shall supersede any language to the contrary in any participating provider agreements.
Key highlights:
| Mandates | Details |
|---|---|
|
Public disclosure of rates via machine-readable files (MRFs) |
In compliance with the Public Disclosure of Negotiated Rates mandate, HMSA will make monthly MRFs publicly available to view, which include:
While the effective date is still January 1, 2022, In-network / Out-of-Network files enforcement has been delayed until July 1, 2022. The drug file requirement has been delayed until further guidance is issued. |
|
Personalized disclosure of out-of-pocket costs (Cost Tool) |
In compliance with the TCR and the CAA, HMSA will offer a price comparison tool to provide members with personalized out-of-pocket costs and price comparisons for specific items or bundled services. The tool must:
Enforcement delayed until January 1, 2023. |
|
Advanced explanation of benefits (AEOB) |
In compliance with the CAA, HMSA will provide a good-faith cost estimate for services that are scheduled at least three days in advance, based on service billing codes provided by a provider or facility. Delayed until additional guidance is issued. |
| Provider Directories | Requires health plans to have up-to-date provider directories available to consumers online or within one business day of an inquiry. Beginning in January 2022, HMSA will require providers to submit a quarterly attestation that their provider directory information is current. Providers who do not respond will have their information removed from the directory. |
| Surprise Billing | Protects members from balance billing in emergency situations or non-emergency situations rendered by a non-participating provider in a participating facility. In addition, the member’s applicable benefits, deductible, and maximum out of pocket cost will be applied at the participating benefit level for these services. |
| Air Ambulance | Protects members from being balance billed by non-participating air ambulance providers. In addition, the member’s applicable benefits, deductible, and maximum out of pocket cost will be applied at the par-benefit level for these services. |
| Mental Health Parity |
In compliance with the CAA, HMSA will perform, document and to provide comparative analyses of the design and application of non-quantitative treatment limitations (NQTL), upon request from regulators. The reporting requirement for the Mental Health Parity NQTL Analysis became effective on February 10, 2021. |
| Changes to ID Cards | HMSA will update the QR code on insurance ID cards that will display the plans in-network and out-of-network deductibles and the in-network and out-of-network out-of-pocket maximum. The QR code update will be reflected on ID cards based on the plan renewal date for 2022. |
| Broker and Consultant Compensation Disclosure |
In compliance with the CAA, brokers and consultants must disclose to group health plans compensation they receive for brokerage services or consulting.
|
FAQs
- FAQs for Advanced Explanation of Benefits (AEOB) [PDF] 07-01-2021
- FAQs for Personalized disclosure of out-of-pocket costs (cost tool) [PDF] 07-01-2021
- FAQs for Public disclosure of rates via machine-readable files (MRF) [PDF] 12-28-2021
- Overview and General FAQs for the Transparency Coverage Rule (TCR) [PDF] 07-01-2021
Resources
- CMS Provider Requirements and Resources: cms.gov/nosurprises/Policies-and-Resources/Provider-requirements-and-resources
- No Surprises Act Implementation FAQs (08/20/21): dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/faqs/aca-part-49.pdf [PDF]
- CMS Transparency in Coverage – Final Rule Fact Sheet: cms.gov/newsroom/fact-sheets/transparency-coverage-final-rule-fact-sheet-cms-9915-f.
- Consolidated Appropriations Act: congress.gov/bill/116th-congress/house-bill/133/text.
Revision History
| Date | Nature of Revision |
|---|---|
| 08/03/2026 | Migrated to new platform. |