Knowledge Center

In a recent Bloomberg Law article, CEO Leslie Howard shares insight on how providers are adapting their legal strategy as unpaid arbitration awards mount under the No Surprises Act.

In a recent Bloomberg Law article, Leslie Howard, CEO of Cohen Howard and an affiliate of CH Revenue Management Solutions (CHRMS), discusses how providers are shifting their legal strategies from ERISA and federal causes of action to state common law claims as unpaid No Surprises Act arbitration awards continue to accumulate.

“I think it’s worth a shot at it [filing state common law claims], because I don’t think there’s any other avenue to enlist the court’s help,” Howard said.

She added that ERISA requires suits to be filed on behalf of patients, making state or common law claims “really the only conduit where a provider can sue on behalf of himself or herself.”

The piece also features commentary from other legal experts discussing the differences between traditional arbitration and the No Surprises Act’s independent dispute resolution process, as well as the challenges both sides face in navigating federal oversight and pending CMS rule changes.

Read the full article on Bloomberg Law to explore how the legal landscape is shifting.
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