Are employers required to post the balance billing disclosure on their public website? A self-funded client sent us this: “Balance Billing Disclosure: Effective January 1 2022, using a good faith, reasonable interpretation of the law. Aetna posted the disclosure notice to aetna.com and updated member EOBs to include HHS contact information. Self-funded plan sponsors should also post the disclosure on their public website.” I have not seen anything in the documents published by UBA that speaks to this requirement.
Yes, for plan years beginning on or after January 1, 2022, group health plans must make publicly available, post on a public website of the plan, and include on each explanation of benefits a balance billing disclosure. There is a model notice and instructions for the disclosure. Federal regulators have indicated that until additional guidance or rules are issued, plans are expected to implement the balance billing disclosure requirements using a good faith, reasonable interpretation of the statute. The use of the model notice in accordance with the instructions constitutes good faith compliance if all the requirements are met.