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 administration’s 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 out–of–network payment amount unless a party shows the QPA is materially different from the appropriate out–of–network 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.