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

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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

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

 

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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

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

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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

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

 

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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

Young dec

Raley dec

Golding dec

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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

GA CEP complaint