ACEP, ACR and ASA Continue Federal Surprise Billing Implementation Lawsuit as Government Challenges Texas Court Ruling

Three major medical associations will continue to press their federal lawsuit to block implementation of parts of the Surprise Billing Interim Final Rule in the wake of a last-minute government challenge to a Feb. U.S. District Court for the Eastern District of Texas ruling  that vacated those parts of the rule.

The case filed by the American College of Emergency Physicians (ACEP), American College of Radiology (ACR) and the American Society of Anesthesiologists (ASA) has been stayed while the government determined whether it would appeal the Texas court ruling in the suit brought by the Texas Medical Association (TMA). Now that the government has appealed the TMA decision, ACEP, ACR, and ASA stand ready to pursue their case to halt the government’s unlawful rule.

ACEP, ACR and ASA filed their suit to prevent insurer use of the rule’s independent dispute resolution (IDR) process to raise profits by narrowing medical networks, which denies patients their choice of providers and may delay diagnosis and treatment of illness and injury.

The Illinois and Texas cases solely impact the IDR process to determine provider reimbursement for out of network care. Neither case affects the No Surprises Act patient protections against out-of-network medical bills. Neither case would raise patient out-of-pocket costs.

ACEP, ACR and ASA will work with legal partners and patient advocates to ensure that the Surprise Billing Interim Final Rule ultimately complies with the text and spirit of the No Surprises Act as passed by Congress.

The American College of Radiology (ACR), founded in 1924, is a professional medical society dedicated to serving patients and society by empowering radiology professionals to advance the practice, science and professions of radiological care.

Founded in 1905, the American Society of Anesthesiologists (ASA) is an educational, research and scientific society with more than 55,000 members organized to raise and maintain the standards of the medical practice of anesthesiology. ASA is committed to ensuring physician anesthesiologists evaluate and supervise the medical care of patients before, during and after surgery to provide the highest quality and safest care every patient deserves.

For more information on the field of anesthesiology, visit the American Society of Anesthesiologists online at To learn more about the role physician anesthesiologists play in ensuring patient safety, visit Like ASA on Facebook and follow ASALifeline on Twitter.

The American College of Emergency Physicians (ACEP) is the national medical society representing emergency medicine. Through continuing education, research, public education, and advocacy, ACEP advances emergency care on behalf of its 40,000 emergency physician members, and the more than 150 million people they treat on an annual basis. For more information, visit and

Contact: Steve Arnoff | | Twitter @EmergencyDocs

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