2nd Cir. Seems Skeptical of No Surprises Act Implementation Suit

An appeals panel appeared to cast doubt on a neurology practice’s claims the federal government broke the law by not hiring enough arbitrators to oversee surprise billing disputes, as well as on the court’s authority to remedy a shortage.

Neurological Surgery Practice of Long Island, PLLC sued the Health and Human Services, Labor, and Treasury departments in April 2023, alleging the agencies failed to establish and enforce procedures to resolve surprise billing disputes as required by Congress under the No Surprises Act. The law requires insurers and doctors to resolve unexpected out-of-network bills through arbitration, rather than billing the patient. ...