The U.S. District Court for the Eastern District of Texas has ruled that the revised No Surprises Act ("NSA") Final Rules again tilt the IDR process in favor of the QPA. The Court concluded that the challenged portions of the Final Rule are unlawful and must be set aside under the Administrative Procedure Act.
The government has not yet made any comments regarding the Court's ruling as it is likely they are reviewing the Court's decision and considering next steps. The government may try to appeal the decision. Another step the government may take is to direct the certified IDR entities to comply with the Court's order, revise the Final Rules to align with the Court's judgment, and/or make revisions and updates to guidance documents to conform with the Court's order.
The Court's order did not affect any other provisions of the NSA which means that patients will continue to be protected from surprise bills for services covered under the NSA.
The opinion can be viewed at: https://law.justia.com/cases/federal/district-courts/texas/txedce/6:2022cv00372/217452/99/
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