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No More Surprise Medical Bills: Texas Court Again Vacates Arbitration Provisions of Surprise Billing Rule
ArentFox Schiff LLP 
Feb. 14, 2023 "[T]he Departments issued a Final Rule in August 2022, which replaced the interim provisions vacated in TMA I. Under the new Final Rule, IDREs are directed to consider the QPA first, but may consider the non-QPA factors.... As with the first case, the Plaintiffs alleged that the revised arbitration provisions still improperly restricted IDREs' authority to consider the non-QPA factors. The court agreed again at the summary judgment stage and ruled that the Final Rule had once again exceeded the Departments' rulemaking authority." [Texas Medical Association v. HHS, No. 22-372 (E.D. Tex. Feb. 6, 2023)] |
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