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Texas District Court Vacates Portions of No Surprises Act Rule
Husch Blackwell 
Feb. 25, 2022 "The court held that the Rule's presumption that the QPA is the correct amount and the requirement for the arbitrator to give more weight to the QPA over other permissible factors conflicted with the 'unambiguous terms of the Act.' The court vacated that portion of the Rule.... The court also determined that the Departments improperly bypassed the notice and comment period under the Administrative Procedure Act when implementing the Rule.... This ruling is generally applicable, meaning that the portion of the Rule regarding QPA presumption and weighting is vacated throughout the country." [Texas Medical Assoc. v. HHS, No. 21-0425 (E.D. Tex. Feb. 23, 2022)] |
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