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

Docket No.
1:23-cv-02977
District Court
New York Eastern

Goal

  • Compel agency actions
  • Declaration that agency actions are unlawful

Issues

Case History

Why this Matters

The plaintiff argues that the Administration’s implementation of the No Surprises Act’s arbitration process violates the Due Process 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.

News And Analysis (1)

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Related Litigation

Current Status

Decision issued

Legal Issues

Administrative Procedure Act - Compel Agency Action, Administrative Procedure Act - Arbitrary and Capricious, Administrative Procedure Act - Abuse of Discretion, Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Contrary to Constitutional Right, Administrative Procedure Act - Lack of Statutory Authority, Administrative Procedure Act - Without Observance of Procedure Required by Law, Fifth Amendment - Due Process Clause

Topic(s)

Constitutional Challenges

Date Filed
April 20, 2023
Case Type
Civil
Court Type
District Court
Court
New York Eastern
Judge
Cogan, Brian M. Appointed By: George W. Bush
Plaintiff(s)
Neurological Surgery Practice of Long Island, PLLC
Lead Counsel For Plaintiff(s)
Harris Beach, PLLC
Defendant(s)
Department of Health and Human Services; Department of the Treasury;
Department of Labor; Xavier Becerra; Janet Yellen; Julie A. Su
Lead Counsel for Defendant(s)
Government