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Compliance Spotlight: No Surprises Act & Group Health Plan Cost-Sharing in 2026

Starting January 1, 2026, new indexed amounts affect patient cost sharing under the No Surprises Act—this article helps employers and health plans prepare.

By NomadicTax Research Team · 5-8 min read

What’s the No Surprises Act & Qualifying Payment Amount (QPA)?

The No Surprises Act protects patients from unexpected medical bills—particularly when they're treated by out-of-network providers without their knowledge. The Qualifying Payment Amount (QPA) sets a benchmark for cost sharing when insurers and employees settle out-of-network charges. (irs.gov)

What Changed in Notice 2025-65

Issued in the IRS’s Internal Revenue Bulletin for Nov. 17, 2025, Notice 2025-65 lays out the indexing factors that group health plans and health insurance issuers should use to calculate QPAs for services provided during 2026. (irs.gov)

Some highlights:

  • The effective period is January 1, 2026 through December 31, 2026. (irs.gov)
  • The indexing factors adjust historical median rates and account for inflation to update what health plans must consider “qualifying payment.” (irs.gov)

Who Must Comply?

  • Group health plans governed by ERISA
  • Health insurance issuers under the Public Health Service Act
    Businesses and plan sponsors must ensure compliance to avoid regulatory penalties.

Actionable Steps for Employers and Health Plans

  • Review current contracts and out-of-network fee schedules: Compare with the new QPA to identify potential underpayments.
  • Update plan documents and participant communications to reflect new benchmarks. Many participants are unaware of how surprise billing rules apply—periodic disclosure is essential.
  • Train claims processing teams: Ensure staff who handle ad hoc billing reviews, reimbursement, and out-of-network balance billing are familiar with QPA and how cost sharing works under new rates.
  • Check appeals and disclosure policies: Under the Act, providers can challenge QPA determinations. Employers need internal mechanisms to respond.

Examples of Practical Impact

  • An employer whose out-of-network reimbursements were historically set at amounts lower than the updated QPA may find that cost sharing for employees increases or that the employer must adjust reimbursement.
  • Employees seeing out-of-network specialists could see lower surprise bills if the QPA lowers their personal out-of-pocket obligations.

Why It Matters

  • Helps avoid costly audits or regulatory enforcement for group health plans
  • Impacts employee satisfaction—unexpected medical bills cause financial hardship
  • Financial planning for self-insured employers must now incorporate new cost sharing requirements and updated actuarial assumptions

Bottom Line: Notice 2025-65 sets out the guideposts for 2026. Start reviewing, consulting legal or benefits counsel, and adjusting policy documents now to ensure your plans are compliant and your members protected.

Sources

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