HHS to Appeal Ruling in ‘No Surprises Act’ Dispute Resolution Process

The Department of Health and Human Services and other federal agencies have filed a notice to appeal a February ruling that affects the dispute resolution process in the No Surprises Act, Healthcare Finance reports. HHS and other departments filed the notice in United States District Court in Texas opposing a summary judgment issued Feb. 23 in favor of the plaintiffs in the case, Texas Medical Association and Adam Corley v. HHS et al.

The Texas Medical Association is a trade association representing more than 55,000 physicians and Dr. Adam Corley is a Tyler, Texas, physician. They challenged a Sept. 30, 2021 interim final rule of the No Surprises Act governing the arbitration process for resolving payment disputes between out-of-network providers and health plans.

The court called it “baseball style” arbitration in which both provider and payer submit a proposed payment amount and explanation to the arbitrator, who must select one. Read more.

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