In a recent audit, the Centers for Medicare & Medicaid Services (“CMS”) uncovered non-compliance by Aetna Health Inc. of Texas (“Aetna”) in calculating key payment information for air ambulance services under the No Surprises Act (“NSA”). These audit results highlight the ongoing challenges faced by providers and payors in

D. Austin Rettew
Austin Rettew is an associate in the Corporate and Litigation Departments and a member of the Health Care Group at Proskauer. His practice focuses on regulatory litigation and compliance within the health care sector. He provides strategic counsel to health care providers on managed care and commercial payer disputes, offering comprehensive regulatory, compliance, and reimbursement guidance to a diverse client base, including hospital systems, dialysis providers, anesthesia associations, physician practices, post-acute care service providers, and healthcare technology and revenue cycle management companies.
Austin is experienced in regulatory litigation and routinely advises clients operating within the complex landscape of the heavily regulated health care industry. His work in this area addresses compliance issues related to ERISA, the Affordable Care Act, the Medicare Secondary Payer Act, the Medicare Advantage program, the federal No Surprises Act, state surprise billing laws, state insurance laws, and the Mental Health Parity and Addiction Equity Act. He has represented providers, pharmaceutical manufacturers, and other health care companies in government investigations involving the Anti-Kickback Statute, the False Claims Act, and qui tam “whistleblower” lawsuits, working closely with company executives and consultants to develop effective compliance regimes while minimizing business disruption.
Austin also advises investors, owners, operators, and developers of long-term care and senior housing communities on health care transactions, regulatory compliance, corporate due diligence, and change of ownership procedures for state licensure, certificate of need, and Medicare and Medicaid certifications. He also drafts industry-specific comment letters for proposed regulations, ensuring that client perspectives and concerns are clearly communicated to regulatory bodies.
While in law school, Austin was an articles editor of the George Washington University Law School’s Public Contract Law Journal. Austin also served as a judicial intern for Judge Elizabeth S. Stong of the U.S. Bankruptcy Court for the Eastern District of New York and Magistrate Judge Lois Bloom of the U.S. District Court for the Eastern District of New York.
Prior to joining Proskauer, Austin was an associate in the Complex Litigation group at ArentFox Schiff.
No Surprises Here! Divergent Court Rulings Spotlight Ongoing Challenges in No Surprises Act Implementation; Tee Up Split in Authority on Award Enforcement Mechanisms
Two District Courts have reached opposite conclusions on the enforceability of arbitration awards under the No Surprises Act (“NSA”). The two decisions, while far from the final word on the subject, highlight the most recent challenge relating to the implementation of the NSA.
Enacted by Congress in 2020, the NSA…