Court Upholds No Surprises Act As Constitutional

On August 10, 2022, a federal district court upheld the No Surprises Act (NSA) against a challenge brought by a New York surgeon who argued that major parts of the law were unconstitutional. The stakes were high. If the court had agreed with the plaintiffs, the case could have undone hard-fought, bipartisan protections, and millions of patients would have once again seen higher costs from surprise out-of-network bills. Instead, the judge rejected these arguments, even dismissing some with prejudice (meaning they cannot be brought again). This article summarizes this decision—the third ruling in NSA-related litigation—as well as a recent decision in a lawsuit filed by an air ambulance company in Texas.

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