ERIC has teamed with twelve influential employer, benefits, and business organizations in an effort to uphold the federal surprise billing rules created to implement the No Surprises Act and defray the hidden costs of surprise medical bills. Groups representing medical providers have begun filing a series of lawsuits challenging these agency rules so they can continue the predatory billing practices now outlawed by federal law. If successful, they would be able to continue jacking up the prices that employers must pay out-of-network providers and facilities.
While additional cases are expected, we are targeting responses to the following cases already on the docket:
- Texas Medical Association v. HHS (Case No. 6:21CV00425, E.D. Tex.)
- American Medical Association v. HHS (Case No. 1:21-CV-03231, DC Dist.)
- Association of Air Medical Services v. HHS (Case No. 1:21-CV-03031, DC Dist.)
- American Society of Anesthesiologists et al. v. HHS (Case No. 1:21-CV-06823, N.D. Ill)
Yesterday, January 18, our coalition of allied employer, benefits, and business groups filed an amicus brief in the Eastern District of Texas supporting the range of federal surprise billing rules at issue in the first of these legal challenges, Texas Medical Association v. HHS.
The brief’s central argument is that the agencies had proper authority to use an expedited regulatory process to create the rules and should therefore receive deference. We also argue that the agencies’ reasonable interpretation is consistent with the text and structure of the No Surprises Act. In addition, the brief builds out the policy background of the underlying statute, lays out the impact and importance of upholding these agency rules, and outlines the efforts made by many of the amici (including ERIC) to help shape them to protect patients and plan sponsors.
ERIC has long advocated for policies, like those included in the Act and the regulations at issue, that address the pitfalls of surprise billing practices in order to prevent costs from being hiked up on patients and plans alike. We appreciate the opportunity to lend our voices to support such a central policy issue of ours and will be sure to keep you updated as these legal battles progress.
Please contact ERIC if you would like to discuss the TMA amicus brief, the wave of litigation challenging these federal rules, or ERIC’s support for the underlying surprise billing policies at issue.
For more information on the ERIC Legal Center, how you can join, and the value our efforts provide for ERIC members, click here.