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Anesthesiologist group files 5th brief challenging No Surprises Act

By Admin | March 26, 2024

The American Society of Anesthesiologists, along with other physician groups, has filed its fifth amicus brief supporting Texas Medical Association's lawsuit challenging the federal government's implementation of the No Surprises Act. 

Written with the American College of Emergency Physicians and American College of Radiology, the brief argues that parts of the July 2021 interim final rule are flawed, according to a March 25 news release from the ASA. The brief purports a court of appeals should uphold an earlier court's judgment that invalidated the provisions, which favor the qualified payment amount when determining out-of-network payments. 

The federal government is taking the No Surprises Act loss to the 5th Circuit Court of Appeals after U.S. District Judge Jeremy Kernodle disallowed several provisions related to the qualified payment amount in August 2023. The Texas Medical Association filed the lawsuit in November 2022, alleging the provisions of the rule "skew negotiations in favor of health insurers so strongly that health insurers will force physicians out of insurance networks and...(More)

For more info please read, Anesthesiologist group files 5th brief challenging No Surprises Act, by Becker's ASC Review

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