Lexology February 22, 2023
The saga between health care providers and the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury (collectively, “Departments”) continues apace, as a federal district court has just invalidated the Departments’ second attempt to set the arbitration procedures governing out-of-network reimbursement disputes under the federal No Surprises Act (“NSA”). The same court had previously invalidated an earlier regulation from the Departments.
This decision marks yet another victory for providers worried that the QPA—which is the median in-network rate—would not fully compensate for the complexities and costs of their services, especially tertiary care providers. However, there remains substantial uncertainty with respect to what the arbitration standard will be moving forward.
The court found in...
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