Neurological Surgery Practice of Long Island, PLLC v. U.S. Department of Health and Human Service et al.

Why this Matters

The plaintiff argues that the Administration’s implementation of the No Surprises Act’s arbitration process violates the Due Process Clause and Takings Clause of the Fifth Amendment, and is unlawful under the Administrative Procedure Act. If federal agencies lack the authority to manage the arbitration process appropriately, certain providers could be more likely to try to abuse this process to obtain higher payments, making the arbitration process more likely to become inflationary.

Potential Impact

The inability to impose reasonable guardrails and oversight for the No Surprises Act’s arbitration process could lead to abuses of the process and higher health care costs and premiums.