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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION 

TEXAS MEDICAL ASSOCIATION, 

DR. ADAM CORLEY, TYLER 

REGIONAL HOSPITAL, LLC, TEXAS 

RADIOLOGICAL SOCIETY, and 

HOUSTON RADIOLOGY ASSOCIATED, 

Plaintiffs, 

v. 

UNITED STATES DEPARTMENT OF 

HEALTH AND HUMAN SERVICES, 

OFFICE OF PERSONNEL MANAGEMENT, 

DEPARTMENT OF LABOR, 

DEPARTMENT OF THE TREASURY, 

CENTER FOR MEDICARE & MEDICAID 

SERVICES, XAVIER BECERRA in his 

official capacity as the Secretary of Health 

and Human Services; KIRAN AHUJA in her 

official capacity as the Director of the Office 

of Personnel Management, JANET YELLEN 

in her official capacity as the Secretary of the 

Treasury, MARTIN J. WALSH in his official 

capacity as the Secretary of Labor, and 

CHIQUITA BROOKS-LASURE in her 

official capacity as the Administrator of the 

Center for Medicare & Medicaid Services 

Defendants. 

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Civil Action No. 6:23-cv-00059 

NOTICE OF RELATED CASES 

PLEASE TAKE NOTICE that plaintiffs Texas Medical Association, Dr. Adam Corley, 

Tyler Regional Hospital, LLC, Texas Radiological Society, and Houston Radiology Associated 

hereby identify the following related cases pending in the Eastern District of Texas before the 

Honorable Judge Jeremy D. Kernodle: 

Texas Medical Association, et al. v. United States Department of Health and 

Human Services, et al., Civil Action No. 6:22-cv-00372-JDK (“TMA II”) 

Case 6:23-cv-00059-JCB Document 2 Filed 01/30/23 Page 1 of 3 PageID #: 54
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Texas Medical Association, et al. v. United States Department of Health and 

Human Services, et al., Civil Action No. 6:22-cv-00450-JDK (“TMA III”). 

 In addition, Judge Kernodle previously presided over the case Texas Medical Association, 

et al. v. United States Department of Health and Human Services, et al., Civil Action No. 6:21-

cv-00425-JDK (“TMA I”). This case, TMA I, TMA II, and TMA III all involve challenges to agency 

rules implementing the No Surprises Act, and in particular the independent dispute resolution 

(“IDR”) process established in the Act to resolve disputes between healthcare providers and 

insurers over reimbursement for out-of-network medical services. 

This case challenges rules (1) establishing nonrefundable administrative fees that IDR 

participants must pay and (2) imposing restrictions on the joinder of related claims. The complaint 

alleges that these rules violate the Administrative Procedure Act (“APA”) because, inter alia, they 

were unlawfully issued without notice and comment and arbitrarily make it cost-prohibitive for 

providers with small-value claims to access the IDR process to obtain reimbursement for their 

services. The prior suits also involved rules that compromised the fairness of the IDR process, 

specifically by (1) unlawfully depressing the “qualifying payment amount” (QPA) and shielding 

insurers’ QPA calculations from meaningfully scrutiny by healthcare providers (TMA III), while 

(2) unlawfully elevating the QPA’s importance in the IDR process (TMA I & II). 

Furthermore, two of the rules challenged in this action are from the same package of rules 

promulgated in September 2021 that included the “rebuttable presumption” in favor of the QPA, 

which TMA I held was issued in violation of the APA’s notice-and-comment requirement. This 

case presents substantially the same legal issues as TMA I with regard to the Departments’ failure 

to provide notice and comment before issuing the challenged rules. 

Case 6:23-cv-00059-JCB Document 2 Filed 01/30/23 Page 2 of 3 PageID #: 55
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Because of the substantial overlap between the statutory and regulatory background, as 

well as the legal claims, in these cases, judicial efficiency would best be served by assigning this 

case to Judge Kernodle. 

Dated: January 30, 2023 Respectfully submitted, 

 

 /s/ Penny P. Reid 

Penny P. Reid 

Texas Bar No. 15402570 

preid@sidley.com 

Kelsey M. Taylor 

Texas Bar No. 24098507 

ktaylor@sidley.com 

SIDLEY AUSTIN LLP 

2021 McKinney Ave., Suite 2000 

Dallas, Texas 75201 

Tel: (214) 981-3413 

Fax: (214) 981-3400 

Eric D. McArthur (pro hac vice forthcoming) 

emcarthur@sidley.com 

Brenna E. Jenny (pro hac vice forthcoming) 

bjenny@sidley.com 

J. Manuel Valle (pro hac vice forthcoming)

manuel.valle@sidley.com 

SIDLEY AUSTIN LLP 

1501 K Street, N.W. 

Washington, D.C. 20005 

Tel: (202) 736-8018 

Fax: (202) 736-8711 

Jaime L.M. Jones (pro hac vice forthcoming) 

jaime.jones@sidley.com 

Matthew Guillod (pro hac vice forthcoming) 

mguillod@sidley.com 

SIDLEY AUSTIN LLP 

One South Dearborn 

Chicago, Illinois 60603 

Tel: (312) 853-0751 

Fax: (312) 853-7036 

Counsel for Plaintiffs

Case 6:23-cv-00059-JCB Document 2 Filed 01/30/23 Page 3 of 3 PageID #: 56