Litigation

Association of Air Medical Services v. U.S. Department of Health and Human Services / American Medical Association et al. v. U.S. Department Of Health and Human Services et al.

Date Filed: November 16, 2021
Status: Decided
District Court: United States District Court for the District of Columbia – 21-cv-3231
Nature of Suit: Challenge of Regulatory Mandate - No Surprises Act
Defendant Type: Federal
Plaintiff Type: Private
Court Document: https://cohenhoward.com/wp-content/uploads/2021/12/ASSOCIATION-OF-AIR-MEDICAL-SERVICES-NSA-COMPLAINT-5.pdf, https://litigationtracker.law.georgetown.edu/wp-content/uploads/2022/12/American-Medical-Association_1_COMPLAINT.pdf

In late 2021, less than one month apart, the Association of Air Medical Services (filed November 16, 2021) and later the American Medical Association and American Hospital Association (filed December 9, 2021) sued 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. Both suits separately challenged the Biden administration’s interim final rule for the No Surprises Act, specifically the portion related to the independent dispute resolution (IDR) process. Plaintiffs alleged that the proposed IDR did not reflect the Act’s stated intention of establishing an independent and neutral review process, and instead favored insurers.  Plaintiffs sought declaratory and injunctive relief. 

On February 2, 2022, the court issued an order to consolidate. However, the claims became moot when the Administration released a revised final rule on August 26, 2022.  On November 20, 2022, the plaintiffs voluntarily dismissed their claims.  


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