Illustration: Megan Robinson/Axios
The Department of Justice is weighing in on a legal dispute over the No Surprises Act, arguing that providers have the ability to sue for courts to enforce the law's arbitration decisions.
Why it matters: The amicus brief shows the Biden administration's concern that the surprise billing law could lose its teeth if the settlements between insurers and providers over disputed amounts due cannot be enforced.
What they're saying: "The [arbitration] process would make little sense if the parties to [an arbiter's] payment determination lacked a means for judicial enforcement," states the DOJ brief, filed in the 5th U.S. Circuit Court of Appeals.
- It's in response to a lower court decision that found arbitration awards under the law are not enforceable by courts.
- DOJ warns parties could resort to "simply ignoring" what the arbiter says if settlements are unenforceable.
- The underlying case involves air ambulance companies that say an insurer is refusing to pay their arbitration award.
The big picture: While the No Surprises Act has protected patients from getting stuck with massive surprise bills, it has also set off a messy battle filled with lawsuits between insurers and providers over the process for settling billing disputes for out-of-network services.
