HHS filed an appeal on the decision April 22 but later asked the court to hold its appeal until it releases the final surprise billing rule this summer. The court granted the hold to pause the legal challenge on May 3.
The Texas Medical Association sued the Biden administration in October 2021 over what it said is an unfair process to resolve billing disputes between health insurers and providers. Providers took issue with a portion of the process that assumes the qualifying payment amount, which is the median in-network rate set by health insurers, is the appropriate out-of-network rate.
The American College of Emergency Physicians, the American College of Radiology and the American Society of Anesthesiologists said the hold is “a step in the right direction.”
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