Agencies Will Appeal No Surprises Act Ruling to 5th Circuit

The Biden administration intends to appeal a federal district court decision that overturned the government’s method for valuing disputed payments in so-called “surprise billing” cases.

The Departments of Health and Human Services, Labor, and the Treasury, along with the US Office of Personnel Management, on Oct. 20 submitted a notice that they are preparing to file a consolidated appeal in the US Court of Appeals for the Fifth Circuit. They will challenge an August decision by Judge Jeremy Kernodle of the US District Court for the Eastern District of Texas that axed provisions in the agencies’ regulations for determining the ...