American Society of Anesthesiologists v. U.S. Department of Health and Human Services

Date Filed: December 22, 2021
Status: Decided
District Court: U.S. District Court for the Northern District of Illinois – 1:21-cv-06823
Nature of Suit: Challenge of Regulatory Mandate - No Surprises Act
Defendant Type: Federal
Plaintiff Type: Private
Court Document:

On December 22, 2021, the American Society of Anesthesiologists, American College of Emergency Physicians, and American College of Radiology filed suit against the US Department of Health and Human Services, Department of Labor, Department of the Treasury, of Office of Personnel Management, as well as the leaders of those agencies in their official capacities. The suit challenged the Biden administrations interim final rule for the No Surprises Act, specifically the portion related to the independent dispute resolution (IDR) process. The suit claimed that the IDR presumed that the qualifying payment amount (QPA) is the appropriate outofnetwork payment amount unless a party shows the QPA is materially different from the appropriate outofnetwork rate; this structure skewed the IDR in favor of insurance companies. The plaintiffs also argued that the rule was improper because there was no opportunity for advance public notice and comment.

Plaintiffs sought declaratory and injunctive relief. Their claims became moot when the Administration released a revised final rule on August 26, 2022. On October 20, 2022, the plaintiffs filed a notice of voluntary dismissal without prejudice.

Associated Legislation:

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