The No Surprises Act, its regulations, and the cases challenging the regulations
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No Surprises Act
Consolidated Appropriations Act, 2021, Division BB, Title I
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No Surprises Act regulations
86 Fed. Reg. 36,872 (July 13, 2021)
86 Fed. Reg. 55,980 (Oct. 7, 2021)
86 Fed. Reg. 66,662 (Nov. 23, 2021)
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Cases
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Calendar
1/10/22 TMA: Defendants’ summary judgment opposition/cross motion
1/18/22 TMA: Amicus briefs supporting US; US response to Members of Congress amicus
1/18/22 AAMS: Defendants’ summary judgment opposition/cross motion
1/24/22 AMA: Defendants’ stay and summary judgment opposition, and cross-motion for summary judgment
1/24/22 TMA: Plaintiffs’ summary judgment reply/opposition
2/1/22 AAMS: Plaintiffs’ summary judgment reply/opposition
2/2/22 TMA: Defendants’ summary judgment reply
2/4/22 TMA: summary judgment oral argument
2/7/22 AMA: Plaintiffs’ reply supporting stay/summary judgment opposition
2/11/22 AAMS: Defendants’ summary judgment reply
2/18/22 AMA: Defendants’ summary judgment reply
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THE TEXAS MEDICAL ASS’N CASE AGAINST THE NO SURPRISES ACT REGULATIONS
Texas Medical Association v. U.S. D.H.H.S., No. 6:21-cv-425 (E.D. Tex., filed Oct. 28, 2021)
Complaint
Unopposed motion for expedited briefing, November 22, 2021
TMA No Surprises unop mo expedited SJ br 11 22
Scheduling order, November 23, 2021
TMA No Surprises scheduling order 11 23
Plaintiffs’ motion for summary judgment – December 10, 2021
Defendants’ opposition/cross-motion for summary judgment – January 10, 2022
Plaintiffs’ opposition/reply brief – January 24, 2022
Defendants’ reply brief – February 2, 2022.
Further, the Court hereby sets the parties’ summary judgment motions for
an in-person hearing on February 4, 2022, at 9:30 a.m., at the William M.
Steger Federal Building and United States Courthouse, 211 West Ferguson
Street, Tyler, TX 75702.
TMA motion for summary judgment, December 10, 2021
Action for Health amicus, December 17, 2021
TMA Action for Health amicus 12 17
California Medical Ass’n amicus, December 17, 2021
Medical Ass’n of Georgia amicus, December 17, 2021
Emergency Dep’t Practice Management Ass’n amicus, December 17, 2021
TMA Emergency Dept Practice Mgmt Assn amicus 12 17
[Exhibits]
Members of Congress amicus request, December 21, 2021
TMA Members of C amicus request 12 21
US opposition to amicus request, December 21, 2021
Order allowing filing of amicus brief and setting schedule, December 24, 2021
TMA order allowing amicus 12 24
[Schedule: filing by 1/3, US response by 1/18]
Ho/Gibson Dunn withdrawal, December 28, 2021
Members of Congress amicus, January 3, 2022
US opposition/cross-motion, January 10, 2022
AHIP amicus, January 18, 2022
Congressional Committee Leaders amicus, January 18, 2022
Health Policy Experts amicus, January 18, 2022
US response to Members of Congress amicus, January 18, 2022
US response to Members amicus 1 18
American Benefits Council amicus, January 18, 2022
American Benefits Council amicus
Cancer Support Community amicus, January 18, 2022
Blue Cross Blue Shield Ass’n amicus, January 18, 2022
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THE ASSOCIATION OF AIR MEDICAL SERVICES CASE AGAINST THE NO SURPRISES ACT REGULATIONS
Association of Air Medical Services v. U.S. D.H.H.S., No. 1:21-cv-3031 (D. D.C., filed Nov. 16, 2021)
Complaint
Motion for summary judgment, December 10, 2021
Joint scheduling proposal, December 14, 2021
AAMS joint briefing schedule proposal 12 14
| 12/22/2021 | MINUTE ORDER. Upon consideration of the parties’ 8 Joint Motion for Briefing Schedule, it is hereby ORDERED that the motion is GRANTED. Defendants shall file their opposition to plaintiff’s motion for summary judgment, together with their cross-motion for summary judgment, on or before January 18, 2022; plaintiff shall file its reply in support of its motion for summary judgment, together with its opposition to defendants’ cross-motion, on or before February 1, 2022; and defendants shall file their reply in support of their cross-motion on or before February 11, 2022. SO ORDERED. Signed by Judge Richard J. Leon on 12/22/2021. (lcrjl1) (Entered: 12/22/2021) |
US opposition and cross-motion, January 18, 2022
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THE AMA CASE AGAINST THE NO SURPRISES ACT REGULATIONS
American Medical Ass’n v. U.S. D.H.H.S., No. 1:21-cv-3231 (D. D.C., filed Dec. 9, 2021)
Complaint
AMA No Surprises complaint 12 9
Notice of related case, December 9, 2021
AMA No Surprises notice of related case 12 9
Motion for stay, December 9, 2021
AMA No Surprises motion for stay pending judicial review 12 9
US scheduling proposal, December 14, 2021
AMA US schedule proposal 12 14
Partial opposition to US motion for briefing schedule, December 15, 2021
Federation of American Hospitals amicus, December 15, 2021
Reply supporting US briefing schedule, December 15, 2021
US reply supporting its briefing schedule 12 15
| 12/22/2021 | MINUTE ORDER. Upon consideration of defendants’ 13 Motion for Briefing Schedule and the parties’ pleadings, it is hereby ORDERED that the defendants’ motion is GRANTED. It is further ORDERED that defendants shall file their opposition to plaintiffs’ motion for a stay pending judicial review, or in the alternative for summary judgment, together with their cross-motion for summary judgment, on or before January 24, 2022; defendants shall also file a certified list of the administrative record with the Court, and serve plaintiffs with a copy of the administrative record, on or before January 24, 2022; plaintiffs shall file their reply in support of their motion for a stay pending judicial review, or in the alternative for summary judgment, together with their opposition to defendants’ cross-motion, on or before February 7, 2022; and defendants shall file their reply in support of their cross-motion for summary judgment on or before February 18, 2022. It is further ORDERED that defendants shall be relieved of their obligation to answer the complaint. SO ORDERED. Signed by Judge Richard J. Leon on 12/22/2021. (lcrjl1) (Entered: 12/22/2021) |
College of American Pathologists amicus, December 23, 2021
College of Am Pathologists amicus 12 23
Physicians Advocacy Institute amicus, January 7, 2022
Members of Congress amicus, January 12, 2022
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THE AM. SOC. OF ANESTHESIOLOGISTS CASE AGAINST THE NO SURPRISES ACT REGULATIONS
American Society of Anesthesiologists v. U.S. D.H.H.S., No. 1:21-cv-6823 (N.D. Ill., filed Dec. 22, 2021)
Complaint, and exhibits
ASocAn No Surprises complaint 12 22 21
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THE GEORGIA COLLEGE OF EMERGENCY PHYSICIANS CASE AGAINST THE NO SURPRISES ACT REGULATION
Georgia College of Emergency Physicians v. U.S. D.H.H.S., No. 1:21-cv-5267 (N.D. Ga., filed Dec. 23, 2021)
Complaint
Affordable Care Act Litigation 