The American College of Radiology® (ACR®), the American College of Emergency Physicians (ACEP) and the American Society of Anesthesiologists (ASA) filed a lawsuit in December against three federal executive departments regarding their flawed implementation of the No Surprises Act. The lawsuit was filed in the U.S. District Court for the Northern District of Illinois.
The federal government must answer the complaint by early March. However, the objectionable regulatory mandate to give undue weight to a “Qualified Payment Amount” (QPA) in the Independent Dispute Resolution payment process took effect Jan. 1. Therefore, the ACR and its co-plaintiff societies are evaluating options to accelerate the legal timetable.
This case will lack many usual features, such as discovery or witnesses. This is because the lawsuit only challenges one aspect of the No Surprises Act – how the federal government will determine paying members for their services if they are out of network. With a focused lawsuit, the ACR does not need extensive review of the government’s evidence to support its rulemaking. Rather, the ACR will emphasize demonstrating harm to its members — and ultimately patient care — as quickly as possible.
For more information, visit the ACR website.