Chancery Says Surprise Billing Law Lacks Private Right of Action

Feb. 16, 2026, 10:30 PM UTC

A federal law that protects patients from surprise medical bills from out-of-network health-care providers doesn’t include a private right of action, a Delaware Chancery Court judge ruled Monday.

Health-care provider SpecialtyCare Inc. couldn’t convince the court that the federal No Surprises Act (NSA) contains an implied private right of action to enforce awards determined under an internal dispute resolution process, Magistrate David Hume IV said in an order dismissing the majority of its claims against third-party administrator MedCost LLC.

The law protects consumers from unexpected out-of-network bills by requiring ...

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