New York surgeon’s No Surprises Act lawsuit tossed

A federal judge dismissed a Rockville Centre, N.Y., physician’s No Surprises Act lawsuit, Newsday reported Aug. 11. 

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Daniel Haller, MD, argued in his lawsuit that elements of the No Surprises Act, which went into effect Jan. 1, are unconstitutional, according to the report. 

Dr. Haller alleged the law “takes the physicians’ property without just compensation by prohibiting physicians from recovering the balance of the fair value of their services from their patients,” according to the report. He also argued the law is unfair to providers and “deprives physicians of the right to a jury trial guaranteed to them by the Seventh Amendment.”

U.S. District Judge Ann M. Donnelly wrote in her decision that the law does not violate physicians’ constitutional rights, according to the report. She wrote that Dr. Haller’s arguments were “unpersuasive” and he “cannot show irreparable harm or a likelihood of success on the merits.”

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