Despite bottlenecks caused by higher than expected dispute resolution claims, the federal No Surprises Act appears to be living up to its name, according to a new survey by AHIP and Blue Cross Blue Shield Association. During the first nine months of 2023, more than 10 million unique claims from health care facilities, health care providers and air ambulance providers were subject to the protections of the federal law, which limits out-of-pocket costs for consumers.

"The number of those claims disputed by providers or facilities continues to outpace estimates," the survey report said. "But data indicate that despite a high volume of claims being submitted to independent dispute resolution, the law's components appear to be working to protect consumers and resolve payments."

Most provisions of the Act took effect at the beginning of 2022. When anyone covered by private health insurance is treated for emergency services or at an in-network facility by an out-of-network provider, the health care provider or facility is prohibited from billing a patient above their in-network cost-sharing amount.