GUARDIAN FLIGHT LLC v. GODFREAD

No. 19-1343, No. 19-1381.

991 F.3d 916 (2021)

GUARDIAN FLIGHT LLC, Plaintiff Appellant v. Jon GODFREAD, in his capacity as North Dakota Insurance Commissioner; Wayne Stenehjem, in his capacity as North Dakota Attorney General, Defendants Appellees America's Health Insurance Plans; National Association of Insurance Commissioners, Amici on Behalf of Appellee(s) Guardian Flight LLC, Plaintiff Appellee v. Jon Godfread, in his capacity as North Dakota Insurance Commissioner; Wayne Stenehjem, in his capacity as North Dakota Attorney General, Defendants Appellants National Association of Insurance Commissioners; America's Health Insurance Plans, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: March 17, 2021.


Attorney(s) appearing for the Case

Benjamin J. Cassady , Charlotte H. Taylor , Jones & Day, Washington, DC, Joshua L. Fuchs , Jones & Day, Houston, TX, Monte L. Rogneby , Vogel Law Firm, Bismarck, ND, for Plaintiff-Appellant.

Johannes Nelis Palsgraaf, II , North Dakota State Capitol , North Dakota Insurance Department, Bismarck, ND, David Ray Phillips , Assistant Attorney General, Attorney General's Office, Bismarck, ND, for Defendant-Appellee Jon Godfread.

Johannes Nelis Palsgraaf, II , North Dakota State Capitol, North Dakota Insurance Department, Bismarck, ND, David Ray Phillips , Matthew A. Sagsveen , Assistant Attorneys General, Attorney General's Office, Bismarck, ND, for Defendant Appellee Wayne Stenehjem.

Ruthanne M. Deutsch , Hyland Hunt , Deutsch & Hunt, Washington, DC, Thomas M. Palumbo , Julie Simon Miller , America's Health Insurance Plans, Washington. DC, for Amicus on Behalf of Appellee America's Health Insurance Plans.

Kevin Donald Conneely , Stinson, LLP, Minneapolis, MN, for Amicus on Behalf of Appellee National Association of Insurance Commissioners.

Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges.


Two provisions of North Dakota Senate Bill 2231 (SB 2231) are at issue in this case. The first prohibits air ambulance providers from directly billing out-of-network insured patients for any amount not paid for by their insurers (the payment provision). N.D. Cent. Code § 26...

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