No Surprises Act

The No Surprises Act, its regulations, and the cases challenging the regulations

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No Surprises Act

BILLS-116hr133enr

Consolidated Appropriations Act, 2021, Division BB, Title I

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No Surprises Act regulations

86 Fed. Reg. 36,872 (July 13, 2021)

2021-14379

86 Fed. Reg. 55,980 (Oct. 7, 2021)

2021-21441

86 Fed. Reg. 66,662 (Nov. 23, 2021)

2021-25183

Non Federal Register final rules (Aug. 19, 2022)

ebsa1210-ac00-and-1210ab99-idr-process-final-rule-dol816-final

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Active cases, in chronological order of filing date

Association of Air Medical Services v. U.S. D.H.H.S., No. 1:21-cv-3031 (D. D.C., filed Nov. 16, 2021)

Haller v. U.S. D.H.H.S., No. 2:21-cv-7208 (E.D. N.Y., filed Dec. 31, 2021)

Lifenet, Inc., v. U.S. D.H.H.S., No. 6:22-cv-162 (E.D. Tex., filed April 27, 2022)

PHI Health, Ltd., v. U.S. Dep’t of Health and Human Services, No. 6:22-cv-95 (E.D. Ky., filed April 29, 2022)

Texas Medical Ass’n v. U.S. D.H.H.S., No. 6:22-cv-372 (E.D. Tex., filed Sept. 22, 2022), consolidated with Lifenet, cv-373

 

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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

2/18/22       AAMS/AMA: Defendants’ summary judgment reply

3/4/22        GCEP: Defendants’ summary judgment opposition (probably) (stayed)

3/9/22         ASAn: Defendants’ summary judgment motion/opposition (to be stayed?)

3/17/22       AAMS/AMA: summary judgment hearing (rescheduled to 3/21)

3/21/22        AAMS/AMA: summary judgment hearing

4/6/22         ASAn: Plaintiffs’ summary judgment reply/opposition (to be stayed?)

4/25/22       ASAn: Defendants’ summary judgment reply (to be stayed?)

4/26/22        Haller: Defendants’ opposition/cross motion due

5/2/22          GCEP: 60-day stay ends (probably) (motion to continue stay filed)

5/3/22          AsAn: Joint status report due

5/24/22         Haller: Plaintiffs’ reply/opposition due

5/31/22         Haller: Defendants’ reply supporting cross-motion due

6/7/22            Haller: motions hearing

 

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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

TMA No Surprises 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

merged_26089_-1-1639260296

Action for Health amicus, December 17, 2021

TMA Action for Health amicus 12 17

California Medical Ass’n amicus, December 17, 2021

merged_46218_-1-1640009882

Medical Ass’n of Georgia amicus, December 17, 2021

MA Georgia amicus 12 17

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

TMA US op to amicus 12 21

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

merged_67338_-1-1640918367

Members of Congress amicus, January 3, 2022

TMA Memb Congr amicus 1 3

US opposition/cross-motion, January 10, 2022

merged_51373_-1-1642356280

AHIP amicus, January 18, 2022

AHIP amicus 1 18

Congressional Committee Leaders amicus, January 18, 2022

Cong Com Leaders amicus 1 18

Health Policy Experts amicus, January 18, 2022

Health Policy Experts amicus

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

merged_17751_-1-1642558662

Blue Cross Blue Shield Ass’n amicus, January 18, 2022

13340662-0–43979

TMA reply/opposition, January 24, 2022

TMA xm op sj reply 1 24

[Exhibits]

Notice re dial-in information for Feb. 4 hearing, January 26, 2022

TMA court notice re dial in 1 26

Motion to appear by videoconference, February 2, 2022

TMA video mo 2 2

US reply, February 2, 2022

13362908-0–79761

Order denying videoconference but rescheduling hearing, February 2, 2022

13363504-0–85549

US renewed motion for videoconference, February 3, 2022

merged_37323_-1-1643988769

Plaintiffs’ non opposition to partial video conference, February 3, 2022

13365565-0–97908

Order allowing videoconference participation, February 4, 2022

TMA video OK 2 4

Minute entry, February 4, 2022

13366693-0–63513-1

Transcript request, February 4, 2022

13366897-0–68888

Summary judgment opinion, and judgment, February 23, 2022

TMA summary judgment opinion 2 23

TMA judgment 2 23

Notice of appeal, April 22, 2022

TMA US noa 4 22

Fifth Circuit # 22-40264

Unopposed US motion to hold appeal in abeyance, April 29, 2022

5C unop abeyance mo 4 29

Stay order, May 3, 2022

5C TMA stay order 5 3

Status report, July 5, 2022

5C TMA NS status report 7 5 22

Status report, August 30, 2022

5C TMA status 8 30

Unopposed US motion for voluntary dismissal, October 20, 2022

5C TMA US vol dism 10 20

Order, October 24, 2022

22-40264_Documents

+++

CMS memo in response to TMA decision, February 28, 2022

Memorandum Regarding Continuing Surprise Billing Protections for Consumers_02-28-2022 MM 508

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THE SECOND TEXAS MEDICAL ASSOCIATION CASE

Texas Medical Ass’n v. U.S. D.H.H.S., No. 6:22-cv-372 (E.D. Tex., filed Sept. 22, 2022)

Complaint

merged_72687_-1-1663881829

09/22/2022   District Judge Jeremy D. Kernodle added. (wea, ) (Entered: 09/23/2022)

Joint motion to consolidate with cv-373 (Lifenet 2) and expedite, September 30, 2022

merged_8173_-1-1665179644

Order consolidating and expediting, October 4, 2022

13747271-0–118250

Scheduling order, October 4, 2022

13747393-0–119283

TMA motion for summary judgment, with attachments, October 12, 2022

merged_92534_-1-1666197137

Lifenet motion for summary judgment, with attachments, October 12, 2022

merged_45514_-1-1666197292

Physicians’ advocacy institute amicus, October 19, 2022

LIfenet 2 phys adv inst amicus 10 19

American Society of Anaesthesiologists amicus, October 19, 2022

merged_31120_-1-1666294614

American Medical Ass’n amicus, October 19, 2022

Lifenet 2 AMA amicus 10 19

EMERGENCY DEPARTMENT PRACTICE MANAGEMENT ASSOCIATION amicus, October 19, 2022

merged_81806_-1-1666294694

US summary judgment opposition and cross-motion, November 9, 2022

merged_76064_-1-1668630916

Lifenet amended complaint, November 10, 2022

merged_73927_-1-1668631066

American Benefits Council amicus, November 16, 2022

TMA NS 2 American Benefits Council amicus 11 16

AHIP amicus, November 16, 2022

TMA NS 2 AHIP amicus 11 16

Nine patient and consumer advocacy organizations amicus, November 16, 2022

merged_40128_-1-1668644707

US motion to strike first amended complaint, November 21, 2022

Lifenet 2 US mo strike am c 11 21

TMA summary judgment reply/opposition, November 23, 2022

merged_56424_-1-1669672549

Lifenet summary judgment reply/opposition, November 23, 2022

merged_97762_-1-1669672640

==

THE ASSOCIATION OF AIR MEDICAL SERVICES CASE AGAINST THE NO SURPRISES ACT REGULATIONS (with filings from the AMA case from 2/8/22 on)

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

AAMS complaint 11 16 21

Motion for summary judgment, December 10, 2021

merged_10178_-1-1639259580

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

merged_82598_-1-1642567080

AHIP amicus, January 25, 2022

AAMS AHIP amicus 1 25

Health Policy Experts amicus, January 25, 2022

AAMS Health Policy Experts amicus 1 25

American Benefits Council amicus, January 25, 2022

AAMS American Benefits Council amicus 1 25

Leukemia & Lymphoma Society amicus, January 25, 2022

AAMS L L Soc amicus 1 25

Ass’n of Critical Care Transport amicus, January 26, 2022

ACCT amicus 1 26

AAMS reply supporting summary judgment/opposition to cross-motion, February 1, 2022

AAMS No Surprises AAMS reply opposition 2 1

02/02/2022   MINUTE ORDER. Upon consideration of the defendants’ 25 Motion to Consolidate Cases or, in the Alternative, for an Extension of Time, it is hereby ORDERED that the motion is GRANTED. The Court finds that good cause exists under Federal Rule of Civil Procedure 42(a) for consolidation of Nos. 21-cv-3031 and 21-cv-3231, including a substantial overlap of common issues of law and fact such that consolidation will save the parties and Court time and effort in resolving these disputes, with no risk of prejudice to either set of plaintiffs. It is therefore further ORDERED that Ass’n of Air Medical Services v. Dep’t of Health & Human Services et al., No. 21-cv-3031-RJL, shall be consolidated with American Medical Association, et al. v. Dep’t of Health & Human Services et al., No. 21-cv-3231-RJL. It is further ORDERED that the Clerk’s Office close 21-cv-3231-RJL and that the parties in that case, including pending movants, be transferred to 21-cv-3031-RJL. It is further ORDERED that all future filings in these cases shall be made on the docket of the lead case, No. 21-cv-3031; that the plaintiffs in No. 21-cv-3231 shall file their reply brief in support of their motions and opposition to defendants’ cross-motion on or before February 8, 2022; that the defendants shall file a combined reply brief in support of their cross-motions for summary judgment in both cases, not to exceed thirty pages, on or before February 18, 2022; and that the parties in the consolidated cases shall file a single joint appendix of administrative record materials. SO ORDERED. Signed by Judge Richard J. Leon on 2/2/2022. (lcrjl1) (Entered: 02/02/2022)

AMA reply/opposition, February 8, 2022

AMA No Surprises reply 2 8

US reply, February 18, 2022

AAMS US sj reply 2 18

AHA/AMA notice of supplemental authority (TMA), February 24, 2022

merged_55300_-1-1645753567

AAMS notice of supplemental authority (TMA), February 24, 2022

merged_74091_-1-1645799350

02/28/2022   MINUTE ORDER. It is hereby ORDERED that a hearing on the parties’ currently pending cross-motions for summary judgment shall be set for March 17, 2022 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon. Subject to further order of the Court, plaintiff in 21-cv-3031, the Association of Air Medical Services, shall have 20 minutes to present argument in favor of its motion; plaintiffs in 21-cv-3231, American Medical Association et al., shall have 10 minutes; the defendants shall have 30 minutes to respond; plaintiff in 21-cv-3031 shall have 10 minutes of rebuttal; and plaintiffs in 21-cv-3231 shall have 5 minutes of rebuttal. SO ORDERED. Signed by Judge Richard J. Leon on 2/28/2022. (lcrjl1) (Entered: 02/28/2022)

Rescheduling request, March 2, 2022

DC No Surprises resched rq 3 2

03/03/2022   MINUTE ORDER. Upon consideration of the American Medical Association et al. plaintiffs’ 54 Motion to Continue, it is hereby ORDERED that the motion is GRANTED. The hearing currently set for March 17, 2022 at 3:00 PM is hereby rescheduled and shall be held on March 21, 2022 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon (different date, same time). All other directions in the Court’s prior Order concerning the hearing remain applicable. SO ORDERED. Signed by Judge Richard J. Leon on 3/3/2022. (lcrjl1) (Entered: 03/03/2022)

US response to TMA order, March 9, 2022

AAMS US response to TMA 3 9

03/21/2022   MINUTE ORDER. Upon consideration of defendants’ 56 Response to Notice of Supplemental Authority, it is hereby ORDERED that the procedure for oral argument on the parties’ motions shall be as follows: plaintiff Association of Air Medical Services (AAMS) shall have twenty minutes to argue on its challenge to the methodology for calculation of the QPA; the defendants shall have twenty minutes to respond on the same issue; and AAMS shall have five minutes of rebuttal. Following a break, the Court will then hear argument from the defendants concerning the status and effect of the Eastern District of Texas litigation; plaintiffs American Medical Association et al. and AAMS will then have an opportunity to respond. SO ORDERED. Signed by Judge Richard J. Leon on 3/21/22. (lcrjl1) (Entered: 03/21/2022)
03/21/2022   Minute Entry for proceedings held before Judge Richard J. Leon: Motion Hearing held on 3/21/2022 re: 5 10 CROSS MOTIONS for Summary Judgment. The Parties may file supplemental submissions not to exceed 12 pages, on issues discussed during the hearing, within 10 days of receipt of the transcript. (Court Reporter: Janice Dickman). (jth) (Entered: 03/21/2022)

[transcripts released 3/24, so briefs due 4/4]

AHA/AMA supplemental brief, April 4, 2022

7657325-0–9079

AAMS supplemental brief, April 4, 2022

merged_18592_-1-1649134230

US supplemental brief, April 4, 2022

7657393-0–11582

AAMS notice of US policy guidance, April 12, 2022

AAMS notice re US policy guidance 4 12

AAMS notice re federal guidance, April 15, 2022

AAMS notice re federal guidance 4 15

Notice that US is appealing TMA, April 27, 2022

merged_19300_-1-1651427296

US notice of additional authority (Fifth Circuit stay), May 3, 2022

merged_37999_-1-1652545467

US notice of related case (LifeNet), May 12, 2022

merged_88220_-1-1652645468

US notice of related case (Phi Health), July 1, 2022

merged_42316_-1-1656967293

Plaintiff’s notice of additional authority (LifeNet), July 27, 2022

merged_78646_-1-1659826231

Plaintiff’s request for status conference, August 3, 2022

merged_48857_-1-1659826514

Order for status conference for August 24, August 4, 2022

AAMS order status conf 8 4

US notice of supplemental authority (rules), August 19, 2022

merged_53166_-1-1662216878

08/24/2022   Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 8/24/2022. A further status conference is set for 9/21/2022 at 3:30 PM in Courtroom 18 before Judge Richard J. Leon. (Court Reporter: Bryan Wayne) (zjd) (Entered: 08/24/2022)

Stipulation for dismissal of AMA case, September 20, 2022

W2U3jo9U

US request for judicial notice of AMA press release, September 21, 2022

merged_33248_-1-1663883361

09/21/2022   Minute Entry for proceedings held before Judge Richard J. Leon: Status Conference held on 9/21/2022. Parties updated Court on status of case. Court Reporter: Lisa Edwards. (smc) (Entered: 09/21/2022)

Stipulation for partial dismissal in Air case, September 30, 2022

No Surprises AM stip partial dism 9 30

==

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

merged_18264_-1-1639941616

Federation of American Hospitals amicus, December 15, 2021

merged_34841_-1-1639941699

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

merged_1850_-1-1642356645

Members of Congress amicus, January 12, 2022

merged_17042_-1-1642356747

US opposition to stay/memo supporting summary judgment, January 24, 2022

AMA US sj ms stay op 1 24

US motion to consolidate, January 26, 2022

AMA No Surprises US consol mo 1 26

Partial opposition to motion to consolidate, January 27, 2022

merged_2565_-1-1643563003

Reply supporting motion to consolidate, January 28, 2022

AMA NS US consol reply 1 28

AHIP amicus, January 31, 2022

AMA No Surprises AHIP amicus 1 31

Health Policy Experts amicus, January 31, 2022

AMA No Surprises Health Policy Experts amicus 1 31

American Benefits Council amicus, January 31, 2022

AMA No Surprises Am Benefits Council amicus 1 31

Sen. Murray/Rep. Pallone amicus, January 31, 2022

AMA No Surprises Murray Pallone amicus 1 31

Leukemia & Lymphoma Society amicus, January 31, 2022

AMA No Surprises LLS amicus

Blue Cross Blue Shield Association amicus, January 31, 2022

AMA No Surprises BC BS Assn amicus 1 31

02/02/2022   MINUTE ORDER. Upon consideration of the defendants’ 25 Motion to Consolidate Cases or, in the Alternative, for an Extension of Time, it is hereby ORDERED that the motion is GRANTED. The Court finds that good cause exists under Federal Rule of Civil Procedure 42(a) for consolidation of Nos. 21-cv-3031 and 21-cv-3231, including a substantial overlap of common issues of law and fact such that consolidation will save the parties and Court time and effort in resolving these disputes, with no risk of prejudice to either set of plaintiffs. It is therefore further ORDERED that Ass’n of Air Medical Services v. Dep’t of Health & Human Services et al., No. 21-cv-3031-RJL, shall be consolidated with American Medical Association, et al. v. Dep’t of Health & Human Services et al., No. 21-cv-3231-RJL. It is further ORDERED that the Clerk’s Office close 21-cv-3231-RJL and that the parties in that case, including pending movants, be transferred to 21-cv-3031-RJL. It is further ORDERED that all future filings in these cases shall be made on the docket of the lead case, No. 21-cv-3031; that the plaintiffs in No. 21-cv-3231 shall file their reply brief in support of their motions and opposition to defendants’ cross-motion on or before February 8, 2022; that the defendants shall file a combined reply brief in support of their cross-motions for summary judgment in both cases, not to exceed thirty pages, on or before February 18, 2022; and that the parties in the consolidated cases shall file a single joint appendix of administrative record materials. SO ORDERED. Signed by Judge Richard J. Leon on 2/2/2022. (lcrjl1) (Entered: 02/02/2022)

[Note: for further filings, see 1:21-cv-3031 above]

[Stipulation for dismissal of this case, 9/20/22, see above]

====

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

Young dec

Raley dec

Golding dec

ASA motion to set briefing schedule, February 9, 2022

ASA No Surprises briefing schedule motion 2 9

ASA motion for summary judgment, February 9, 2022

ASA No Surprises msj 2 9

Briefing schedule order, February 11, 2022

ACAn scheduling order 2 11

Defendants’ Motion for Summary Judgment and Opposition to
Plaintiffs’ Motion for Summary Judgment is due March 9, 2022, and the supporting
memorandum shall not exceed 45 pages. Plaintiffs’ reply brief and opposition to
Defendants’ Motion for Summary Judgment is due April 6, 2022, and shall not exceed 45
pages. Defendants’ reply brief is due April 25, 2022, and shall not exceed 25 pages.

US unopposed motion to stay, March 3, 2022

ASA unop stay mo 3 3

Minute entry re stay, March 8, 2022

ASA stay minute entry 3 8

Joint status report, and order, May 3, 2022

Joint status report 5 3

Continued stay 5 3

Joint status report, July 6, 2022

ASA No S joint status 7 6

Docket entry, July 13, 2022

24948935-0–39613

Joint status report, September 2, 2022

25129327-0–47159

09/06/2022 26  MINUTE entry before the Honorable Marvin E. Aspen: In view of the parties’ joint status report 25 , proceedings in this case remain stayed until 10/20/2022. The parties shall submit a joint status report informing us of any developments during this time period by 10/20/2022. The status hearing set for 9/22/2022 is stricken and reset to 10/27/2022 at 10:30 a.m. Mailed notice (ags) (Entered: 09/06/2022)

Notice of voluntary dismissal, October 20, 2022

IL NSA vol dism 10 20 22

Docket entry re dismissal, October 21, 2022

IL NSA docket entry 10 21 22

===

THE GEORGIA COLLEGE OF EMERGENCY PHYSICIANS CASE AGAINST THE NO SURPRISES ACT REGULATIONS

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

GA CEP complaint

Scheduling order, January 20, 2022

GA No Surprises scheduling order 1 20

Plaintiffs’ motion for summary judgment or preliminary injunction, January 28, 2022

merged_16675_-1-1643580423

Emergency Department Practice Management Ass’n amicus, February 4, 2022

merged_25817_-1-1644169412

Joint motion for stay, March 1, 2022

GA No Surprises joint stay mo 3 1

Stay order, March 2, 2022

GA No Surprises stay order 3 2

Joint motion to continue stay, April 28, 2022

merged_66034_-1-1651428266

Order granting motion to continue stay, May 2, 2022

12517244-0–123893

Joint motion to continue stay, June 13, 2022

merged_90601_-1-1655655883

Order granting motion to continue stay, June 13, 2022

12601098-0–81747

Joint motion to continue stay, July 13, 2022

merged_53851_-1-1658073444

Withdrawal of preliminary injunction motion, with leave to renew, July 14, 2022

12658797-0–86759

Order continuing stay, July 14, 2022

12658813-0–87049

Minute entry, July 14, 2022

12658828-0–87417

Notice of voluntary dismissal, September 13, 2022

GA No Surprises vol dism 9 13

09/14/2022   Clerk’s Entry of Dismissal APPROVING 37 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(A)(i) (tmf) (Entered: 09/14/2022)
09/14/2022   Civil Case Terminated. (tmf) (Entered: 09/14/2022)

=======

THE HALLER CASE AGAINST THE NO SURPRISES ACT

Haller v. U.S. D.H.H.S., No. 2:21-cv-7208 (E.D. N.Y., filed Dec. 31, 2021)

Complaint

Haller No Surprises complaint 12 31

Motion for preliminary injunction/TRO/order to show cause, affidavits, memo, April 1, 2022

Haller OSC 4 1

Haller Haller dec 4 1

Haller TRO PI ms 4 1

04/01/2022   ORDER denying 21 Motion for Preliminary Injunction.

 

The plaintiffs submit 21 an “ex parte application for a temporary restraining order and order to show cause why Defendants should not be preliminarily enjoined from implementing, enforcing, or otherwise carrying out the specific provisions of the” No Surprises Act and governing regulations. “No ex parte order, or order to show cause to bring on a motion, will be granted except upon a clear and specific showing by affidavit of good and sufficient reasons why a procedure other than by notice of motion is necessary.” Gullas v. 37-31 73rd St. Owners Corp., No. 12-CV-2301, 2012 WL 1655520, at *1 (E.D.N.Y. May 10, 2012) (quoting Loc. Civ. R. 6.1(d)). “A temporary restraining order may be issued without notice only if ‘specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.'” FEI Hong Kong Co. Ltd. v. GlobalFoundries, Inc., No. 20-CV-2342, 2020 WL 1444956, at *2 (S.D.N.Y. Mar. 25, 2020) (quoting Fed. R. Civ. P. 65(b)(1)(A)).

There is no discussion in the plaintiffs’ submissions 21 22 23 about why ex parte relief is appropriate. The plaintiffs have not made a clear and specific showing by affidavit of good and sufficient reasons why a procedure other than by notice of motion is necessary. Ordered by Judge Ann M. Donnelly on 4/1/2022. (Mathew, Joshua) (Entered: 04/01/2022)

Haller notice of preliminary injunction motion, April 4, 2022

Haller notice of PI motion 4 4

04/04/2022   ORDER. The Court has received the plaintiffs’ notice 25 of motion for a preliminary injunction. The plaintiffs are directed to submit a brief letter advising the Court whether they will file a declaration and memorandum in support of the motion, or if they intend to rely on the previously-filed submissions 22 23 . Ordered by Judge Ann M. Donnelly on 4/4/2022. (Mathew, Joshua) (Entered: 04/04/2022)
04/05/2022   SCHEDULING ORDER: The defendants are directed to file their opposition to the plaintiffs’ motion for preliminary injunction by April 19, 2022, and the plaintiffs are directed to file their reply, if any, by April 26, 2022. A hearing on the plaintiffs’ motion for a preliminary injunction is scheduled for May 3, 2022 at 3:30 p.m. in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 4/5/2022. (Mathew, Joshua) (Entered: 04/05/2022)

US letter re scheduling, April 7, 2022

Haller US letter 4 7

Haller letter re scheduling, April 8, 2022

Haller Haller letter 4 8

04/08/2022   SCHEDULING ORDER: The Court has received the parties’ letters 27 28 . The defendants’ request to waive the pre-motion conference requirement in anticipation of a motion to dismiss is granted.

 

The parties state that one or more non-parties will seek to participate in this action as amici curiae, but do not identify them. “District Courts have broad discretion in deciding whether to accept amicus briefs.” Jamaica Hosp. Med. Ctr., Inc. v. United Health Grp., Inc., 584 F. Supp. 2d 489, 497 (E.D.N.Y. 2008) (citation omitted). “Additionally, the circumstances under which an amicus brief is considered ‘desirable’ are limited[.]” Id. The parties have not shown that those circumstances are present here.

The revised briefing schedule does not include amicus briefing, but accommodated the defendants’ anticipated motion to dismiss. The defendants’ memorandum in opposition to the plaintiffs’ motion for a preliminary injunction and in support of their motion to dismiss is due by April 26, 2022 and must not exceed 40 pages. The plaintiffs’ memorandum in opposition to the defendants’ motion to dismiss and reply in support of their motion for a preliminary injunction is due by May 24, 2022 and must not exceed 40 pages. The defendants’ reply in support of their motion to dismiss is due by May 31, 2022 and must not exceed 10 pages. A hearing on the plaintiffs’ motion for a preliminary injunction and the defendants’ motion to dismiss is scheduled for June 7, 2022 at 10:00 a.m. in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 4/8/2022. (Mathew, Joshua) (Entered: 04/08/2022)

US memorandum opposing preliminary injunction and supporting motion to dismiss, April 26, 2022

Haller NS US dism ms sj op 4 26

Haller opposition/reply, May 24, 2022

Haller op reply 5 24

US reply supporting motion to dismiss, May 31, 2022

Haller No Surprises US reply dism 5 31

06/07/2022   Minute Entry for proceedings held before Judge Ann M. Donnelly: Motion Hearing held on 6/7/2022 re 25 Motion for Preliminary Injunction filed by the plaintiffs and 29 Motion to Dismiss for Failure to State a Claim filed by the defendants. Robert Spolzino and Justin Kelton appeared for the plaintiffs. Anna Deffebach, Joel McElvain and Joseph Marutollo appeared for the defendants. Case called. Discussion held. (Court Reporter Michele Lucchese.) (Mathew, Joshua) (Entered: 06/07/2022)

Order denying preliminary injunction, August 10, 2022

8TVdvxvL

Judgment, August 11, 2022

9zAzBR53

Haller attorney withdrawal letter, September 16, 2022

Haller atty wdwl letter 9 16

09/28/2022   ORDER granting 37 Motion to Withdraw as Attorney: In light of the fact that this matter is closed, and all claims have been dismissed, the application is granted. Attorney Justin Tyler Kelton; Edward A. Smith; Robert A. Spolzino; Adam Michael Birnbaum and Mordecai Geisler terminated. So Ordered by Magistrate Judge Anne Y. Shields on 9/28/2022. (Minerva, Deanna) (Entered: 09/28/2022)

Motion for extension to file notice of appeal, October 31, 2022

Haller motion for xt appeal 10 31

Notice of appeal, October 31, 2022

Haller notice of appeal 10 31

11/01/2022   SCHEDULING ORDER directing the defendants to respond to 39 the plaintiff’s motion to extend the time to file a notice of appeal before November 7, 2022. Ordered by Judge Ann M. Donnelly on 11/1/2022. (CG) (Entered: 11/01/2022)

US nonopposition, November 2, 2022

Haller US nonop 11 2

11/03/2022   ORDER granting 39 the plaintiff’s motion to extend time to file a notice of appeal. Because one of the parties is a United States agency, the plaintiff was required to file his notice of appeal within 60 days after the entry of judgment. Fed. R. App. P. 4(a)(1)(B). Judgment entered on the court’s order denying the plaintiff’s motion for a preliminary injunction and granting the defendant’s motion to dismiss on August 11, 2022. Accordingly, the plaintiff’s time to file a notice of appeal lapsed on October 11, 2022. However, the Court may extend the time to file a notice of appeal for good cause or excusable neglect if the motion is made within 30 days of the expiration. Fed. R. App. P. 4(a)(5)(A). The plaintiff filed his motion for an extension of time on October 31, 2022.

 

An excusable neglect standard is appropriate here because the plaintiff’s delay was partially caused by his substitution of counsel. Alexander v. Saul, 5 F.4th 139, 142 (2d Cir. 2021), cert. denied sub nom. Alexander v. Kijakazi, 212 L.Ed. 2d 548, 142 S. Ct. 1461 (2022) (“[t]he excusable neglect standard applies when the need for an extension results from factors within the movant’s control.”) The Court finds that the plaintiff counsel’s neglect was excusable here, because the illness which prevented a timely filing was “so physically and mentally disabling that counsel [was] unable to file the appeal[.]” Michael Aksman, v. Greenwich Quantitative Research LP, No. 20-CV-8045, 2021 WL 6551082, at *2 (S.D.N.Y. Dec. 21, 2021). Ordered by Judge Ann M. Donnelly on 11/3/2022. (CG) (Entered: 11/03/2022)

Haller letter re deadline for notice of appeal, November 9, 2022

Haller letter re timing of notice of appeal 11 9

11/09/2022   SCHEDULING ORDER: The Court acknowledges receipt of 42 the plaintiff’s letter. The plaintiff must file his notice of appeal before November 17, 2022. Ordered by Judge Ann M. Donnelly on 11/9/2022. (CG) (Entered: 11/09/2022)

Notice of appeal, November 17, 2022

Haller notice of appeal 11 17 22

11/29/2022   Incorrect Case/Document/Entry Information. As per email from Central Islip clerks office advised that Counsel filed document #43 incorrectly as a notice. Counsel shall refile. (RG) (Entered: 11/29/2022)
11/29/2022   SCHEDULING ORDER: The plaintiff is directed to file a corrected notice of appeal by November 30, 2022. Ordered by Judge Ann M. Donnelly on 11/29/2022. (CG) (Entered: 11/29/2022)

Corrected notice of appeal, November 30, 2022

Haller corrected noa 11 30 22

Second Circuit # 22-3504

==

A TEXAS AIR AMBULANCE CASE

Lifenet, Inc., v. U.S. D.H.H.S., No. 6:22-cv-162 (E.D. Tex., filed April 27, 2022)

Complaint

Lifenet NSA complaint 4 27

Civil cover sheet including related case (TMA), April 27, 2022

Lifenet NSA civil cover sheet w related case 4 27

Reassignment of case to Judge Kernodle, May 5, 2022

Lifenet reassignment to k 5 5

Lifenet motion to expedite summary judgment briefing, May 11, 2022

merged_8762_-1-1652545939

Order for response by 5 12, May 11, 2022

Lifenet order for expedited response 5 11

US opposition to expedited briefing, May 12, 2022

Lifenet US expedited sj op 5 12

US motion to change venue, May 12, 2022

merged_45894_-1-1653246380

Lifenet reply, with exhibit, May 13, 2022

Lifenet reply 5 13

Lifenet reply exhibit 5 13

Order expediting briefing, May 13, 2022

Lifenet order expediting briefing 5 13

The Court therefore ORDERS that LifeNet may file its motion for summary judgment at any time following this Order. Defendants’ response shall be due two weeks after LifeNet files its motion, and a reply and sur-reply (if any) shall be due one week after Defendants’ response and one week after LifeNet’s reply, respectively.

Lifenet opposition to changing venue, May 18, 2022

merged_9250_-1-1653246521

Lifenet motion for summary judgment, May 18, 2022

merged_23576_-1-1653246576

US reply supporting transfer, May 25, 2022

Lifenet US transfer reply 5 25

US notice of filing administrative record, June 1, 2022

Lifenet US notice of filing admin record 6 1

[record too bulky to upload]

US cross-motion for summary judgment, June 1, 2022

merged_52925_-1-1654441715

Lifenet opposition/reply, June 7, 2022

merged_89841_-1-1655004644

Lifenet unopposed motion to seal, June 7, 2022

merged_25357_-1-1655004735

US reply supporting cross-motion, June 14, 2022

merged_50481_-1-1655665621

US notice re preparing final rule, June 17, 2022

13573037-0–39787

Stipulation re no need to file Answer, July 1, 2022

merged_77805_-1-1656956335

Order re no need to file Answer, July 5, 2022

Lifenet order re no need to file Answer, 7 5

Memorandum opinion, July 26, 2022

40 memorandum opinion

LifeNet memorandum opinion 7 26 22

Judgment, July 26, 2022

41 judgment

LifeNet final judgment 7 26 22

==

A KENTUCKY CASE

PHI Health, Ltd., v. U.S. Dep’t of Health and Human Services, No. 6:22-cv-95 (E.D. Ky., filed April 29, 2022)

Complaint

PHI Health No Surprises complaint 4 29 22

Magistrate’s recusal, May 3, 2022

PHI NS magistrate recusal 5 3

US motion to change venue, July 1, 2022

5138739-0–94126

Order for response by 7/20, July 5, 2022

Phi H No S order for resp 7 5

Phi Health opposition to venue transfer, July 20, 2022

Phi H venue transfer op 7 20

Plaintiffs’ notice of supplemental authority (LifeNet), August 1, 2022

merged_44940_-1-1659813680

US reply supporting venue transfer, August 3, 2022

5159492-0–26330

US notice of final rule, August 26, 2022

4uwKn8e9

Phi Health response re rules, September 1, 2022

Phi Health response re rules 9 1

 

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

Young dec

Raley dec

Golding dec

ASA motion to set briefing schedule, February 9, 2022

ASA No Surprises briefing schedule motion 2 9

ASA motion for summary judgment, February 9, 2022

ASA No Surprises msj 2 9

Briefing schedule order, February 11, 2022

ACAn scheduling order 2 11

Defendants’ Motion for Summary Judgment and Opposition to
Plaintiffs’ Motion for Summary Judgment is due March 9, 2022, and the supporting
memorandum shall not exceed 45 pages. Plaintiffs’ reply brief and opposition to
Defendants’ Motion for Summary Judgment is due April 6, 2022, and shall not exceed 45
pages. Defendants’ reply brief is due April 25, 2022, and shall not exceed 25 pages.

US unopposed motion to stay, March 3, 2022

ASA unop stay mo 3 3

Minute entry re stay, March 8, 2022

ASA stay minute entry 3 8

Joint status report, and order, May 3, 2022

Joint status report 5 3

Continued stay 5 3

Joint status report, July 6, 2022

ASA No S joint status 7 6

Docket entry, July 13, 2022

24948935-0–39613

Joint status report, September 2, 2022

25129327-0–47159

09/06/2022 26  MINUTE entry before the Honorable Marvin E. Aspen: In view of the parties’ joint status report 25 , proceedings in this case remain stayed until 10/20/2022. The parties shall submit a joint status report informing us of any developments during this time period by 10/20/2022. The status hearing set for 9/22/2022 is stricken and reset to 10/27/2022 at 10:30 a.m. Mailed notice (ags) (Entered: 09/06/2022)

Notice of voluntary dismissal, October 20, 2022

IL NSA vol dism 10 20 22

Docket entry re dismissal, October 21, 2022

IL NSA docket entry 10 21 22

===

 5 13

Order expediting briefing, May 13, 2022