Haller v. U.S. Department of Health and Human ServicesDate Filed: August 10, 2022
District Court: Eastern District of New York – No. 2:21-cv-7208
Nature of Suit: Challenge of Regulatory Mandate
Defendant Type: Federal
Plaintiff Type: Private
Court Document: https://affordablecareactlitigation.files.wordpress.com/2022/01/haller-no-surprises-complaint-12-31.pdf, https://www.bloomberglaw.com/product/blaw/document/X864KPJG000N
The complaint alleges that major parts of the No Surprises Act are unconstitutional. Specifically, Dr. Haller claims that the federal IDR process and prohibition of providers from sending balance bills to patients violates the 7th Amendment, the Takings Clause, and due process under the 5th and 14th Amendment.
On August 10, 2022, the court dismissed the 7th Amendment and takings claims with prejudice. However, the court held that the due process claim was unripe and dismissed for lack of subject matter jurisdiction without prejudice.