An appeals court partially revived a New York surgeon's office challenge of the No Surprises Act, Law360 reported Jan. 23.
The lawsuit brought by Daniel Haller, MD, and the surgeons at Rockville Centre, N.Y.-based Long Island Surgical PLLC argued that elements of the federal law are unconstitutional. A federal judge dismissed the lawsuit in August 2022.
The Second Circuit Court of Appeals, however, said Dr. Haller can amend his case to reflect arguments made for the first time on appeal, according to the report. The office argued on appeal that it has the private right to sue insurers. The three-judge panel declined to consider the argument on appeal but said "neither should appellants be prejudiced if they wish to replead" the case.
\However, the judges affirmed the lower court's dismissal of the office's claims that the No Surprises Act "takes the physicians' property without just compensation by prohibiting physicians from recovering the balance of the fair value of their services from their patients."