Lexology August 7, 2024
Sheppard Mullin Richter & Hampton LLP

On August 2, 2024, the United States Fifth Circuit affirmed the rulings in the No Surprises Act litigation brought by the Texas Medical Association and other plaintiffs[1] challenging the August 2022 Final Rule that has been issued by the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) that applied to the Independent Dispute Resolution (“IDR”) process created by the No Surprises Act (the “Act”).[2]

What is the August 2022 Final Rule?

The August 2022 Final Rule addressed, in part, the specific factors arbitrators must consider in resolving disputes between out-of-network (“OON”) healthcare providers/facilities and air ambulance providers (collectively, “Providers”), on one hand, and group health plans and health insurance issuers, on the other hand, under the Act....

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