- Docket No.
- 6:22-cv-00095
- District Court
- Kentucky Eastern
Goal
- Block enforcement of an agency action
- Declaration that agency action is unlawful
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— and that outline the methodology used to calculate the qualifying payment amount for air ambulance services (the basis for determining individual cost sharing for items and services covered by the balance-billing protections) violate the Administrative Procedure Act and the Takings Clause and Due Process Clause of the Fifth Amendment. 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. Setting aside the methodology to calculate the qualifying payment amount for air ambulance services could also expose patients to higher cost sharing.
News And Analysis (1)
47 Major Filings
- JOINT STATUS REPORT (Sep 2, 2025)
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- JOINT STATUS REPORT (Dec 3, 2024)
- JOINT STATUS REPORT (Nov 5, 2024)
- JOINT STATUS REPORT (Oct 1, 2024)
- ORDER ON MOTION TO CONTINUE STAY (Sep 12, 2024)
- PLAINTIFFS' MOTION TO CONTINUE STAY (Sep 11, 2024)
- JOINT STATUS REPORT (Sep 3, 2024)
- JOINT STATUS REPORT (Aug 6, 2024)
- JOINT STATUS REPORT (Jul 2, 2024)
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- JOINT STATUS REPORT (May 7, 2024)
- JOINT STATUS REPORT (Apr 2, 2024)
- ORDER ON MOTION TO STAY (Mar 22, 2024)
- JOINT STATUS REPORT (Mar 1, 2024)
- JOINT STATUS REPORT (Feb 6, 2024)
- JOINT STATUS REPORT (Jan 5, 2024)
- SCHEDULING ORDER (Dec 6, 2023)
- JOINT MOTION FOR EXTENSION OF TIME (Dec 5, 2023)
- JOINT STATUS REPORT (Dec 5, 2023)
- JOINT STATUS REPORT (Nov 7, 2023)
- JOINT STATUS REPORT (Nov 7, 2023)
- ORDER ON MOTION TO STAY (Sep 27, 2023)
- PLAINTIFFS' MOTION TO STAY (Sep 22, 2023)
- JOINT STATUS REPORT (Sep 1, 2023)
- JOINT STATUS REPORT (Aug 7, 2023)
- JOINT STATUS REPORT (Jun 27, 2023)
- SCHEDULING ORDER (Jun 26, 2023)
- PLAINTIFFS' MOTION FOR EXTENSION OF TIME (Jun 22, 2023)
- SCHEDULING ORDER (Mar 28, 2023)
- PLAINTIFFS' MOTION FOR EXTENSION OF TIME (Mar 23, 2023)
- ORDER ON MOTION TO TRANSFER AND MOTION FOR EXTENSION OF TIME (Feb 27, 2023)
- PLAINTIFFS' RESPONSE TO NOTICE OF SUPPLEMENTAL AUTHORITY (Sep 1, 2022)
- DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY (Aug 26, 2022)
- DEFEDANTS REPLY RE: MOTION TO TRANSFER (Aug 3, 2022)
- PLAINTIFFS' RESPONSE TO MOTION TO TRANSFER (Jul 20, 2022)
- SCHEDULING ORDER (Jul 5, 2022)
- DEFENDANTS' MOTION FOR EXTENSION OF TIME (Jul 1, 2022)
- DEFENDANTS' MOTION TO TRANSFER (Jul 1, 2022)
- COMPLAINT (Apr 29, 2022)