For Immediate Release
February 24, 2022
Medical Society Supports Court Decision to Strike Down Unfair Federal Regulations on Surprise Billing Dispute Process
Statement Attributable to:
Joseph R. Sellers, MD, FAAP, FACP
President, Medical Society of the State of New York
“The federal court in Texas has appropriately struck down regulations by the Department of Health and Human Services (HHS) regarding the dispute resolution process in the No Surprises Act. The Medical Society of the State of New York (MSSNY) joined other physicians in supporting the consumer protections in the No Surprises Act but challenged HHS regulations that favored insurers over treating physicians in the dispute resolution process—which is contrary to Congressional intent.
“The court upheld Congressional intent of the law to ensure that no one individual data point submitted to a federal dispute resolution process—not even the insurers’ self-determined grossly discounted ‘median in-network’ payment data—should be the dominant consideration in the dispute resolution process. The Texas federal court agrees with the chief allegation in the lawsuit brought by the Texas Medical Association that HHS’s regulations diverted from the plain language of the No Surprises Act to the benefit of insurance companies—and against physicians and hospitals on the front lines of health care delivering care to patients every day.
“This decision does not in any way impact the important patient protections set forth under the law and implementing regulations. It will only serve to ensure greater balance for an independent dispute resolution process.
“MSSNY had expressed concerns that HHS’s faulty interpretation of the law—the very basis of the lawsuit—could lead to access issues in hospitals across New York and across the country because it impacts the ability of hospitals to have needed on-call specialty care physicians.”
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Founded in 1807, the Medical Society of the State of New York is the state’s principal non-profit professional organization for physicians, residents and medical students of all specialties. Its mission is to represent the interests of patients and physicians to assure quality healthcare services for all.
Media Contact:
Julie Vecchione
VP, Communications
Medical Society of the State of New York
865 Merrick Ave.
Westbury, New York
516-488-6100 ext 340
[email protected]
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