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September 30, 2022

Focus of No Surprises Act litigation shifts to the Eastern District of Texas

Since the No Surprises Act regulators issued a revised final independent dispute resolution regulation in late August, 

  1. On September 22, the Texas Medical Association (TMA), joined by other plaintiffs, filed a lawsuit  in the U.S. District Court for the Eastern District of Texas (Case No. 6:22-cv-00372) challenging aspects of the new rule.
  2. The case was assigned to the District Judge Jeremy Kernodle, who ruled in TMA’s favor in its lawsuit challenging the previous interim final rule. 
  3. On September 27, the parties in an ongoing lawsuit (Case No. 1:21-cv-03031) challenging the interim final rule in the U.S. District Court of the District of Columbia stipulated to the dismissal of their lawsuit against the NSA regulators. Two of those plaintiffs, the American Hospital Association and the American Medical Association, promptly announced their intent to join the Northern District of Texas case as amici supporting TMA. 
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