ASA Renews Support for Legal Challenge to NSA

On August 25, 2025, the American Society of Anesthesiologists (ASA), alongside the American College of Emergency Physicians and the American College of Radiology, submitted an Amici Curiae brief to the U.S. Court of Appeals for the Fifth Circuit in the Texas Medical Association (TMA) III case. This submission supports the TMA’s challenge to the federal government's July 2021 rule implementing the No Surprises Act, arguing that the rule unlawfully depresses payment rates for out-of-network physician services and threatens patient access to care—especially in underserved areas. The case is now being considered en banc, meaning all active judges of the Fifth Circuit will review the matter collectively, rather than the typical three-judge panel. This rare and significant process underscores the importance of the case and ASA’s advocacy to ensure fair payment standards and protect the viability of independent physician practices.