Finds that the U.S. Department of Health and Human Services put its “thumb on the scale”
On Monday February 8, a judge in the Eastern District of Texas again rejected the U.S. Department of Health and Human Services (HHS) Independent Dispute Resolution (IDR) rules on the grounds that the Rules continued to “put a thumb on the scale” for the arbitrator’s reliance on the Qualified Payment Amount (QPA) contrary to the statutory language of the No Surprises Act.
When hospitals and doctors treat patients who are injured in car accidents, the health care providers reasonably expect that their rights to be compensated for the care they provide will not be conditioned upon their willingness to participate in their patients’ personal injury lawsuits against allegedly negligent drivers. A common pleas Court in Ohio applied this sensible reasoning in a recent decision, dismissing a car-accident plaintiff’s attempts to force the hospital that treated her to participate in her lawsuit against the driver who allegedly caused the injuries ...
Recent Updates
- ABA and FWA: Compliance Best Practices
- Regulatory Scrutiny in ABA: What Providers Need to Know About Compliance Oversight
- When Clear Drafting is Not Enough: Fifth Circuit Rejects a “Sole Discretion” Arbitration Clause
- ABA and FWA: Legitimate Providers Operate in a High-Risk Environment
- Powerful Tool, but Not an Attorney: Massachusetts Court Rejects Work Product Protection for AI-Generated Documents