Manatt Health February 14, 2023
On February 6, a Texas federal district court sided with the Texas Medical Association (TMA) and health care providers vacating regulations issued by the Office of Personnel Management and the Departments of Health and Human Services, Labor, and the Treasury (Departments) to implement the No Surprises Act (NSA).1 In TMA II, the court held that the regulations improperly tilt the balance in favor of health plans in the Independent Dispute Resolution (IDR) process established by statute to resolve disputes regarding payment for out-of-network services to which the NSA applies. In response to the ruling, on February 10, the Departments instructed arbitrators to immediately hold all payment determinations and recall any payment determinations made after the February 6 decision.
The IDR...
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