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On August 11, 2026, in Texas Medical Association v. U.S. Dep't of Health & Hum. Servs., No. 23-40605 (5th Cir. Aug. 11, 2026) (TMA III), the United States Court of Appeals for the Fifth Circuit issued an en banc opinion and judgment affirming portions of the district court judgment that struck certain regulations and guidance related to the calculation of the qualifying payment amount (QPA). The Departments of Health and Human Services, Labor, and the Treasury, as well as the Office of Personnel Management, are reviewing this opinion and judgment and anticipate issuing guidance shortly. The Federal Independent Dispute Resolution process remains operational.
View the August 13, 2026, statement here: https://www.cms.gov/nosurprises/notices
Center for Consumer Information and Insurance Oversight (CCIIO) Department of Health and Human Services Centers for Medicare & Medicaid Services
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