- Docket No.
- 22-03054
- Appellate Court
- Second Circuit
Goal
- Declaration that agency action is unlawful
- Vacate a law
- Vacate agency action
Issues
Case History
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. In addition, the plaintiffs argue that major provisions of the No Surprises Act establishing the arbitration process and banning providers from sending balance bills to patients violate the Seventh Amendment, due process under the Fifth and Fourteenth Amendments, and the Takings Clause. In this appeal, the plaintiffs argue that the district court erred in finding that the No Surprises Act does not violate Seventh Amendment rights.
Potential Impact
Overturning major provisions of the landmark bipartisan No Surprises Act would jeopardize critical consumer protections and millions of patients would no longer be protected from surprise out-of-network bills.
News And Analysis (3)
14 Major Filings
- MANDATE (Mar 27, 2024)
- ORDER (Mar 20, 2024)
- PETITION FOR PANEL REHEARING (Mar 15, 2024)
- SUMMARY ORDER (Jan 23, 2024)
- Appellant's REPLY BRIEF (Aug 21, 2023)
- AMICUS BRIEF ACS (Aug 2, 2023)
- AMICUS BRIEF Patient and Consumer Advocates (Aug 2, 2023)
- BRIEF for Defendants-Appellees (Jul 26, 2023)
- AMICUS BRIEF American Association of Neurological Surgeons et al. (May 3, 2023)
- BRIEF for Plaintiffs Appellants (Apr 27, 2023)
- ORDER Granting Extension (Mar 23, 2023)
- ORDER (Feb 3, 2023)
- SCHEDULING NOTIFICATION (Jan 8, 2023)
- NOTICE OF CIVIL APPEAL (Nov 30, 2022)