The ERISA Industry Committee Defends Ban on Surprise Billing to Protect Patients from Abusive and Unexpected Medical Charges

WASHINGTON, DC – November 17, 2022 – The ERISA Industry Committee (ERIC) yesterday filed an amicus brief along with coalition partners to uphold final federal regulations implementing the No Surprises Act (NSA), which are under attack in the case of Texas Medical Association et al v. United States Department of Health and Human Services et al, 6:22-cv-00372 (E.D. Tex.).

“This lawsuit marks yet another attempt by health care provider groups to continue abuse and overuse of the NSA’s arbitration provision and seek inflated amounts from health plans, even after a successful legal challenge of the previous set of interim rules,” said ERIC President James Gelfand.  “Because of the NSA’s importance in preventing increased costs for health plans and their beneficiaries, this latest effort to push back on provider arguments and continue to protect plans from harmful surprise billing standards is critical to ERIC and our members.”

ERIC’s latest legal action is an extension of the surprise billing amicus coalition of more than a dozen employer, benefits, and business groups that ERIC joined earlier this year, filing amicus briefs supporting NSA regulations in:

  • American Medical Association et al v. U.S. Department of Health and Human Services et al (D.D.C. 1:21-cv-03231), available here.
  • Association of Air Medical Services v. U.S. Department of Health and Human Services et al (D.D.C. 1:21-cv-03031), available here.
  • Texas Medical Association et al v. United States Department of Health and Human Services et al (E.D. Tex. 6:21-cv-00425), available here.

To read ERIC’s joint coalition amicus brief filed yesterday, visit ERIC’s website here.

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All media inquiries to The ERISA Industry Committee should be directed to media@eric.org.

About The ERISA Industry Committee
ERIC is a national advocacy organization that exclusively represents large employers that provide health, retirement, paid leave, and other benefits to their nationwide workforces. With member companies that are leaders in every sector of the economy, ERIC advocates on the federal, state, and local levels for policies that promote flexibility and uniformity in the administration of their employee benefit plans.