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February 10, 2023

U.S. District Court for the Eastern District of Texas Strikes Key Parts of the Latest No Surprises Act (NSA) Regulation

On February 6, 2023, Judge Jeremy Kernodle sided with the Texas Medical Association, writing in his opinion that the NSA’s independent dispute resolution rule promulgated by the defendant agencies still conflicts with the enabling statute by improperly restricting the discretion of arbitrators to consider numerous factors in deciding the appropriate amount to pay out-of-network providers and unlawfully favoring the qualifying payment amount.  The Court entered summary judgment in the plaintiff’s favor.

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