The AHA and American Medical Association Sept. 18 urged the U.S. Court of Appeals for the 5th Circuit to affirm a district court decision that invalidated a No Surprises Act final rule that favors insurers in the independent dispute resolution process and threatens serious harm to the law’s patient protection goals.  

“Amici agree with Plaintiff-Appellees that the challenged rule is unlawful,” the organizations said in a friend-of-the-court brief filed in the case. “They submit this brief to emphasize why it is also unworkable as a practical matter, to rebut specific points made by the amici supporting the Departments, and to explain the detrimental impact the rule would have on the ability of physicians and hospitals to provide their patients with the excellent care they deserve.” 

In particular, the brief argues that “the Final Rule places a heavy thumb on the scale in favor of insurers in the IDR process—indeed, it is deliberately designed to have that effect. On multiple occasions the Departments have been found to have acted in a manner contrary to the [No Surprises Act] and the Administrative Procedure Act (APA)—each time issuing rules that systematically disadvantage providers.”   

On Aug. 24, the U.S. District Court for the Eastern District of Texas for a third time ruled certain regulations implementing the No Surprises Act invalid. The Centers for Medicare & Medicaid Services has temporarily suspended the IDR process as a result, including the ability to initiate new disputes.

Related News Articles

Headline
Key findings from a report titled “The Case for Change” have identified four drivers of some of the most pressing challenges to health care in New York state.…
Headline
U.S. Sen. Lindsey Graham, R-S.C., chairman of the Senate Budget Committee, Feb. 7 released the text of the Senate’s fiscal year 2025 budget resolution. …
Headline
The AHA today voiced support for the Rural Hospital Support Act (S. 335), legislation that would make the Medicare-dependent Hospital program and low-volume…
Headline
The AHA voiced support for bipartisan House legislation introduced Feb. 4 to reauthorize for five years the Dr. Lorna Breen Health Care Provider Protection Act…
Headline
The White House Feb. 1 announced it placed tariffs on imported goods from Canada, Mexico and China. The tariffs for Mexico and Canada have since been delayed…
Headline
The AHA Jan. 28 voiced support for bipartisan legislation to reauthorize for five years the Dr. Lorna Breen Health Care Provider Protection Act, which provides…