- Docket No.
- 6:21-cv-00425
- District Court
- Texas Eastern
Goal
- Invalidate the regulation
- Stop the government from enforcing the rule
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.
News And Analysis (1)
23 Major Filings
- NOTICE OF APPEAL (Apr 22, 2022)
- FINAL JUDGMENT (Feb 23, 2022)
- OPINION and ORDER (Feb 23, 2022)
- REPLY in Support of Motion for SJ (Feb 2, 2022)
- REPLY in Opposition to Motion for SJ (Jan 24, 2022)
- SUPPLEMENTAL Admin Record (Jan 24, 2022)
- AMICUS BRIEF American Benefits Council (Jan 18, 2022)
- AMICUS BRIEF Americas Health Insurance Plans (Jan 18, 2022)
- AMICUS BRIEF Blue Cross Blue Shield (Jan 18, 2022)
- AMICUS BRIEF Congressional Committee Leaders (Jan 18, 2022)
- AMICUS BRIEF Health Policy Experts (Jan 18, 2022)
- AMICUS BRIEF Leukemia and Lymphoma Society (Jan 18, 2022)
- REPLY in Opposition to Amicus Brief (Jan 18, 2022)
- CROSS MOTION for SJ (Jan 10, 2022)
- AMICUS BRIEF Members of Congress (Jan 3, 2022)
- ORDER re Opposition to Amicus Brief (Dec 24, 2021)
- REPLY in Opposition to Amicus Brief (Dec 21, 2021)
- AMICUS BRIEF Action for Health (Dec 17, 2021)
- AMICUS BRIEF Emergency Department Practice Management Association (Dec 17, 2021)
- AMICUS BRIEF Medical Association of Georgia (Dec 17, 2021)
- AMICUS BRIEF Physicians Advocacy Institute (Dec 17, 2021)
- MOTION for SJ (Dec 10, 2021)
- COMPLAINT (Oct 28, 2021)