TEXAS MEDICAL ASS'N v. UNITED STATES DEPT. OF HEALTH

Case No. 6:22-cv-372-JDK Lead Consolidated Case.

654 F.Supp.3d 575 (2023)

TEXAS MEDICAL ASSOCIATION, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

United States District Court, E.D. Texas, Tyler Division.

Signed February 6, 2023.


Attorney(s) appearing for the Case

Eric D. McArthur , Brenna E. Jenny , Madeleine Joseph , Sidley Austin LLP, Washington, DC, Penny Packard Reid , Sidley Austin LLP, Dallas, TX, Jaime L.M. Jones , Joseph R. LoCascio , Sidley Austin LLP, Chicago, IL, for Plaintiffs.

Anna L. Deffebach , Department of Justice, Civil DIV, Federal Programs Branch, Washington, DC, for Defendants.

Long Xuan Do , Athene Law, LLP, San Francisco, CA, Eric David Chan , Athene Law, LLP, Culver City, CA, for Amici Physicians Advocacy Institute, American Association of Neurological Surgeons, Congress of Neurological Surgeons.

Ronald S. Connelly , Powers Pyles Sutter & Verville PC, Washington, DC, for Amici American Society of Anesthesiologists, American College of Emergency Physicians, American College of Radiology.

James Tysse , Akin Gump Strauss Hauer & Feld LLP, Washington, DC, Kelly M. Cleary , Kristen Loveland , Akin Gump Strauss Hauer & Feld LLP, Washington, DC, for Amici American Medical Association, American Hospital Association.

Jack R. Bierig , ArentFox Schiff, Chicago, IL, Catherine Susan Bartles , Stafford Grigsby Helm Davis , The Stafford Davis Firm, PC, Tyler, TX, for Amicus The Emergency Department Practice Management Association.

Ryan Temme , Seth T. Perretta , Groom Law Group, Chartered, Washington, DC, for Amici American Benefits Council, Business Group on Health, Council of Insurance Agents and Brokers, DFW Business Group on Health, ERISA Industry Committee, Houston Business Coalition on Health, HR Policy Association, National Alliance of Health Care Purchaser Coalitions, National Retail Federation, Purchaser Business Group on Health, Self-Insurance Institute of America, Texas Business Group on Health, Texas Employers for Affordable Healthcare.

Joseph J. Wardenski , Wardenski P.C., Brooklyn, NY, for Amid Leukemia & Lymphoma Society, Hemophilia Federation of America, CancerCare, United States Public Interest Research Group, Inc., National Multiple Sclerosis Society, Epilepsy Foundation, Families USA Action, ALS Association.

Hyland Hunt , Deutsch Hunt PLLC, Washington, DC, for Amicus America's Health Insurance Plans.


MEMORANDUM OPINION AND ORDER

In these consolidated cases, Plaintiff providers challenge portions of a final rule (the "Final Rule") issued by the Defendant Departments under the No Surprises Act (the "Act"). The Final Rule governs the arbitration process for resolving payment disputes between...

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