Two Federal Courts Make Rulings on NSA Challenges in Late August
Claritev summarizes changes to NSA regulations and guidance as a result of rulings in TMA3 and AAMS.

Claritev summarizes changes to NSA regulations and guidance as a result of rulings in TMA3 and AAMS.
A federal court in Texas recently ruled in favor of the Texas Medical Association in its fourth lawsuit challenging the No Surprises Act. Claritev explains the ruling.
To tackle the problem of out-of-network charges, Claritev developed our Data iSight pricing methodology. Unlike Usual and Customary (U&C) or Medicare-based repricing solutions, our methodology recommends reductions using both a cost-up approach (for facility claims) and median reimbursement levels (for practitioner claims) to achieve maximum defensibility, wide provider acceptance, and savings of 61%-81% off billed charges.
A little more than a year after launching the No Surprises Act’s Independent Dispute Resolution Portal, the Departments of Health and Human Services (HHS), Labor, and Treasury gave an update on the federal IDR process for the period from April 15, 2022 through March 31, 2023. Claritev highlights the findings.
IDR entities can once again issue payment determinations for No Surprises Act disputes following updated CMS guidance. After a temporary pause triggered by legal challenges to the IDR process, determinations resumed in phases—first for pre-October 25, 2022 services, and later for more recent claims—restoring momentum to dispute resolution between payers and providers.
CMS directed certified IDR entities to pause all payment determinations for No Surprises Act disputes following a February 2023 court ruling, requiring previously issued decisions to be recalled. While arbitration activities like eligibility reviews continued, the halt created delays and uncertainty as regulators worked to update guidance for compliant payment decisions.
More than a year after the No Surprises Act (NSA) took effect, parts of the law are still creating challenges, including the independent dispute resolution (IDR) process.
On February 6, 2023, a federal judge in Texas ruled in favor of the Texas Medical Association (TMA) in their second suit challenging aspects of regulations related to the No Surprises Act’s Independent Dispute Resolution (IDR) process.
MultiPlan summarizes the Texas Medical Association’s fourth NSA lawsuit, challenging the IDR fee and batching rule.
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