- Docket No.
- District Court
- Florida Middle
- Require arbitrator to re-hear dispute
- Vacate arbitration award
Why this Matters
The plaintiff, an air ambulance provider, sued a health insurer and arbitration entity following the resolution of 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. The plaintiff argues that the arbitration award should be set aside and the dispute reheard due to unlawful misrepresentations and the application of an illegal presumption in favor of the qualifying payment amount. The No Surprises Act provides for strict limitations on the judicial review of arbitration awards to facilitate a swift and cost-efficient resolution of disputes between payers and providers.
Drawing arbitration entities directly into burdensome lawsuits frustrates the intent of an efficient arbitration process to swiftly resolve disputes under the No Surprises Act in a cost-efficient manner.
14 Major Filings
- RESPONSE to MOTION to Dismiss Supplemental Brief (May 26, 2023)
- RESPONSE in Opposition to Leave for AHIP to file Amicus Brief (May 5, 2023)
- AMICUS BRIEF AHIP (Apr 28, 2023)
- REPLY in Support of Motion to Dismiss (Mar 8, 2023)
- Notice of Supplemental Authority (Feb 17, 2023)
- ORDER setting a hearing on all pending motions (Jan 18, 2023)
- Minute Entry Scheduling Hearing (Jan 17, 2023)
- MOTION to Dismiss Complaint and to Strike Claim for Attorneys Fees (Jan 13, 2023)
- REPLY to Response to Motion re 19 MOTION to Dismiss Plaintiffs Complaint and Motion to Strike Demand for Attorneys Fees (Jan 13, 2023)
- RESPONSE in Opposition re 19 MOTION to Dismiss Plaintiffs Complaint and Motion to Strike Demand for Attorneys Fees (Dec 22, 2022)
- ORDER Setting Hearing (Dec 13, 2022)
- MOTION to Dismiss Plaintiffs Complaint and MOTION to Strike Demand for Attorneys Fees (Dec 2, 2022)
- CORPORATE Disclosure Statement by Kaiser Foundation Health Plan Inc. (Nov 22, 2022)
- COMPLAINT (Oct 26, 2022)