EDPMA files Amicus Brief in the Haller Case

The Emergency Department Practice Management Association (EDPMA) strongly supports the goal of the No Surprises Act – to keep patients out of the middle of billing disputes.  


A lawsuit on appeal before the Second Circuit has sought to dismantle the No Surprises Act (NSA) by holding it unconstitutional.  The EDPMA supports the NSA and the patient protections it affords patients however the EDPMA and its partners believe the courts could side with the defendants in this case and make Independent Dispute Resolution (IDR) process the exclusive remedy for resolving billing disputes between payers and providers.  For EDPMA, access to courts to pursue out-of-network billing disputes is paramount. EDPMA encourages the court to preserve the NSA and its patient protections, while also preserving providers’ access to the courts as a viable alternative to IDR.  


Insurers have abused the NSA and have used it as a tool to slash physician reimbursement. Patient access to care, particularly in the critical emergency medicine context, depends on physicians having efficient and economical means to resolve billing disputes. Accordingly, EDPMA encourages the court to affirm that the No Surprises Act does not interfere with a physician’s right to pursue all available legal remedies, including litigation, to obtain fair reimbursement from insurers. That’s why EDPMA continues to advocate for its members and patients,” says Andrea Brault MD FACEP, EDPMA Chair of the Board. 

Click here to view the Amicus Brief.