- Docket No.
- 1:21-cv-3231
- District Court
- District of Columbia
Goal
- Invalidate all or part of a federal regulation
- Stop the government from enforcing the statute or regulation
Issues
Litigation Content
Why this Matters
The plaintiffs argue that regulations to impose guardrails on the No Surprises Act’s arbitration process—a 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 try 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.
18 Major Filings
- ORDER to Consolidate (Feb 2, 2022)
- REPLY in Support of Motion to Consolidate (Jan 28, 2022)
- OPPOSITION to Motion to Consolidate (Jan 27, 2022)
- MOTION to Consolidate (Jan 26, 2022)
- CROSS MOTION for SJ (Jan 24, 2022)
- NOTICE of Filing of Admin Record (Jan 24, 2022)
- REPLY in Opposition (Jan 24, 2022)
- AMICUS BRIEF Members of Congress (Jan 13, 2022)
- AMICUS BRIEF Physicians Advocacy Institute (Jan 10, 2022)
- AMICUS BRIEF American Pathologists (Jan 7, 2022)
- AMICUS BRIEF Hospital Associations (Dec 22, 2021)
- ORDER Setting Deadlines (Dec 22, 2021)
- OPPOSITION to Motion Establish Briefing Order (Dec 15, 2021)
- REPLY to Opposition to Motion Establish Briefing Schedule (Dec 15, 2021)
- MOTION to Establish Briefing Schedule (Dec 14, 2021)
- COMPLAINT (Dec 9, 2021)
- MOTION for Stay or SJ (Dec 9, 2021)
- NOTICE of Related Case (Dec 9, 2021)