HHS loses No Surprises Act lawsuit: What ASCs need to know 

The Texas Medical Association has for a third time won a legal challenge over the No Surprises Act. 

This suit, filed in January, disputed a 600 percent hike in administrative fees when seeking dispute resolutions, according to court documents.   

Here is what ASCs need to know:

1. The association argued that the fee hike restricts physicians' ability to seek arbitration when a payer offers insufficient payment for care. 

2. The TMA also disputed interim final rules that narrow the act's stipulations on "batching" claims for arbitration. The association argued Congress had authorized batching to encourage efficiency and minimize costs in the independent dispute resolution process.

3. A district judge ruled Aug. 3 that HHS did not follow notice and comment requirements when hiking administrative fees. He also invalidated certain rules narrowing batching claims for arbitration.  

4. Because of the ruling, the IDR process has been temporarily suspended until federal agencies can provide additional instructions.

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