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  4. AHA, AMA Dismiss Federal Surprise Billing Case, But Remain Concerned

On September 20, the American Hospital Association (AHA) and the American Medical Association (AMA) moved to dismiss their lawsuit against the Biden administration’s regulation for the independent dispute resolution process created by the No Surprises Act. The CAP had previously filed an amicus brief in support of the legal challenge by the AHA and AMA.

In the filing to dismiss the suit, the AHA and AMA said the case became moot after the administration released a final rule in August. However, the AHA, the AMA, and the CAP still are concerned about the No Surprises Act regulation’s process developed by the Centers for Medicare & Medicaid Services (CMS) and will continue to advocate for changes.

On August 19, the Biden administration released the Requirements Related to Surprise Billing final rule, which follows a separate court decision that struck down part of an earlier policy related to the independent dispute resolution process. The final regulation instructed independent dispute resolution arbiters to consider an insurer's median contracted in-network rate and any additional information – including physician training and experience, patient acuity, and more – when determining the correct payment for a surprise bill.

Check out resources for pathologists on the No Surprises Act and its regulations.

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