Texas Medical Association Files Fourth Challenge to No Surprises Act

On January 30, the Texas Medical Association (TMA) filed its fourth lawsuit, referred to as “TMA IV,” challenging the actions of the federal government in the implementation of the No Surprises Act.  The filing alleges that the responsible federal agencies have failed to “establish a fair and workable independent dispute resolution (“IDR”) process that allows out-of-network physicians to obtain reasonable compensation for their services.” Specifically, TMA challenges the government’s recent action to increase the mandatory, non-refundable NSA administrative fee from $50 to $350 and the restrictive government rules that permit batching “in a significantly narrower range of circumstances” than the actual law allows.  The lawsuit tracks closely with concerns raised by ASA. ASA has expressed strong opposition to the capricious end-of-year fee increase and an ASA request for improved batching guidance for anesthesia services has been the subject of multiple meetings between ASA representatives and federal regulators.