Inactive Case

American Medical Association et al. v. Department of Health and Human Services et al.

Docket No.
1:21-cv-3231
District Court
District of Columbia

Goal

  • Declaration that agency action is unlawful

Issues

This case has been consolidated with Association of Air Medical Services et al. v. Department of Health and Human Services et al. (1:21-cv-03031), which has been made the leading case. All filings post-consolidation are located on the Association of Air Medical Services et al. v. Department of Health and Human Services et al. case page.

Why this Matters
The plaintiffs argue that regulations to impose guardrails on the No Surprises Act’s arbitration process— used to resolve payment disputes for surprise out-of-network bills between payers and out-of-network health care providers—are invalid under the Administrative Procedure Act. If federal agencies cannot set reasonable guidelines for arbitrators, certain providers could be more likely to abuse this process to obtain higher payments, making the arbitration process more likely to become inflationary, and leading to higher health care costs and premiums.

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

News And Analysis (1)

18 Major Filings

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Related Litigation

Current Status

Consolidated with 1:21-cv-3031

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Legal Issues

Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Lack of Statutory Authority

Amicus Briefs for Plaintiff(s)

Hospital Associations; American Pathologists; Physicians Advocacy Institute et al.; Members of Congress; Emergency Department Practice Management Association; American Academy of Otolaryngology et al.

Amicus Briefs for Defendant(s)

America’s Health Insurance Plans, Inc.; American Benefits Council et al.; Blue Cross Blue Shield Association; Healthcare Economics and Healthcare Policy Experts

Topic(s)

Arbitration Regulations

Date Filed
December 9, 2021
Case Type
Civil
Court Type
District Court
Court
District of Columbia
Judge
Leon, Richard J. Appointed By: George W. Bush
Plaintiff(s)
American Medical Association; American Hospital Association; Renown Health; UMass Memorial Health Care; Stuart S. Squires; Victor F. Kubit
Lead Counsel For Plaintiff(s)
Akin Gump Strauss Hauer & Feld LLP
Defendant(s)
Department of Health and Human Services; Department of Labor; Department of the Treasury; Office of Personnel Management; Xavier Becerra; Janet Yellen; Martin J. Walsh; Kiran Ahuja
Lead Counsel for Defendant(s)
Government