Federal Court Nixes Biden Administration’s Interpretation of HHS Surprise Billing Rule

A federal court judge in Texas ruled in favor of the Texas Medical Association regarding the Biden Administration’s interpretation of the Department of Health and Human Services’ No Surprises Act. HHS, under the guidance of the administration, had instructed mediators to heavily weigh past rates for services delivered during the mediation processes. Several trade organizations argued that this would negatively impact clinicians, hospitals, and, ultimately, patients.

According to Rachel Cohrs, “Lawmakers involved in drafting the bill have split on whether they think the Biden administration interpreted the law correctly. Senate health committee Chair Patty Murray (D-Wash.) and House Energy & Commerce Chair Frank Pallone (D-N.J.) said they think the Biden administration’s interpretation is correct, but Ways & Means Chair Richard Neal (D-Mass.), Rep. Kevin Brady (R-Texas), and a bipartisan group of 152 other lawmakers who prefer the more doctor- and hospital-friendly approach argued that lawmakers intended for all factors to have the same weight.”

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(Source: Stat News, February 23^rd, 2022)