6 lawsuits challenging the No Surprises Act

There are six lawsuits currently filed targeting the rules in the No Surprises Act, which went into effect Jan.1, Health Affairs reported Feb. 16.

All six of the lawsuits oppose parts of the interim final rule to implement the independent dispute resolution process, which is a way for health plans and providers to negotiate the amount paid for surprise out-of-network bills.

Specifically, the lawsuits resist the requirement that independent dispute resolution entities assume that the qualifying payment amount — the median contracted rate — is the correct out-of-network payment amount, except for if a party submits accurate information that shows it is different.

The lawsuits argue that this violates the Administrative Procedure Act, according to Health Affairs.

Below are the six lawsuits, which can be tracked here:

1. Texas Medical Association v. U.S. Department of Health and Human Services

2. Association of Air Medical Services v. HHS

3. American Medical Association v. HHS

4. American Society of Anesthesiologists v. HHS

5. Georgia College of Emergency Physicians v. HHS

6. Haller v. HHS

Briefing for the Texas Medical Association lawsuit was completed in early February, according to Health Affairs. The Air Medical Services and AMA lawsuits have been consolidated because of their similarities, and briefing will be completed by Feb. 18. The Georgia college briefing will occur in the spring. The anesthesiologists society briefing will be completed in late April. Lastly, the Haller lawsuit is on a longer time frame because the plaintiffs have not served the federal government yet.

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