Texas Medical Association v. Department of Health & Human Services, No. 6:22-CV-372-JDK, and LifeNet, Inc. v. Department of Health & Human Services, No. 6:22-cv-373 (E.D. Tex.) present Administrative Procedure Act challenges to certain provisions of the final IDR rule released in August to implement relevant portions of the No Surprises Act. On September 30, plaintiffs in both cases along with the federal government defendants jointly moved to consolidate the two cases before District Judge Jeremy Kernodle and set the following schedule for cross-motions for summary judgment:
- Plaintiffs’ motions for summary judgment – October 12, 2022
- Amicus curiae briefs supporting plaintiffs – October 19, 2022
- Defendants’ opposition/cross-motion for summary judgment – November 9, 2022
- Amicus curiae briefs supporting defendants – November 16, 2022
- Plaintiffs’ oppositions/replies in support of summary judgment – November 23, 2022
- Defendants’ reply in support of summary judgment – December 15, 2022
- Oral argument will occur in mid-December or early January.