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Portions of the No Surprises Act Regulations Have Been Invalidated
How Surprising:
Portions of the No Surprises Act Regulations Have Been Invalidated
The No Surprises Act (the Act) continues to bump through its initial implementation phase. We've seen plenty of discussion elsewhere about how out-of-network physicians and facilities (OON Providers), and their allies, are pushing back against portions of the recently issued interim final rule with comment period (the Interim Rule). Most recently, they succeeded in doing so when the Texas Medical Association, a trade association representing more than 55,000 physicians, and Dr. Adam Corley filed and won a lawsuit against the Departments of Health and Human Services (HHS), Labor, and Treasury, and the Office of Personnel Management (collectively, the Departments). The plaintiffs successfully argued that the Interim Rule unfairly protects group health plans and health insurance issuers (collectively, Plans) to the detriment of patients and OON Providers.
On February 23, 2022, Judge Jeremy D....
