ASA Amicus Brief Update: United Lawsuit Against Anesthesiology Group Dismissed

The American Society of Anesthesiologists (ASA) is applauding the recent dismissal of UnitedHealthcare of Pennsylvania’s No Surprises Act (NSA) related lawsuit against NorthStar Anesthesia. In the lawsuit, the insurer characterized the submission of ineligible claims to the NSA independent dispute resolution (IDR) process – even if inadvertent – as fraud and sought to bring the fraud claim in federal court.  The insurer asked the court to declare such ineligible claims unlawful, invalidate the IDR awards, and halt the anesthesiology group from submitting similar disputes in the future. ASA’s amicus brief urged the courts to reject the insurer’s overreach, emphasizing that eligibility determinations are complex, frequently involve incomplete information, and often result in good-faith errors that should be addressed administratively—not through sweeping fraud allegations.

The court’s dismissal of the lawsuit not only rejects an attempt to reframe mistakes in the IDR process as legal misconduct, but also carries significant implications beyond NorthStar. By declining to open the federal courts to expansive fraud-based litigation, the ruling protects physician groups nationwide that rely on the NSA’s IDR process to secure fair payment for out-of-network care. It reinforces Congress’s intent to resolve these disputes through a structured administrative system rather than the courts, preserving access to a critical payment pathway without the chilling effect of litigation risk. In doing so, the decision strengthens the stability of the IDR framework, supports continued physician participation, and helps ensure patients maintain access to essential anesthesia and other medical services.