Fifth Circuit Cites Unlawfully Calculated QPAs as Key Driver of No Surprises Act Problems
A federal appeals court ruled that improperly calculated "qualifying payment amounts" (QPAs) are a primary cause of issues with the No Surprises Act. The decision requires insurers to exclude "ghost rates" that artificially lower median in-network payments.

The Fifth Circuit Court of Appeals has identified unlawfully calculated qualifying payment amounts (QPAs) as a major contributor to the problems plaguing the No Surprises Act. In its opinion issued Tuesday in Texas Medical Association v. HHS (TMA III), the court mandated that insurers must accurately calculate these payment benchmarks and exclude "ghost rates" that artificially depress the median in-network rate.
HaloMD applauded the court's decision. The company stated that this ruling is a critical step towards safeguarding the rights of patients and healthcare providers within the insurance system. The decision is expected to compel insurers to adopt more precise and equitable calculation methodologies going forward.
The No Surprises Act aims to protect patients from unexpected medical bills, particularly in emergency situations and for out-of-network care. The law relies on a process where parties negotiate disputed charges through a third-party arbitration system, with the QPA serving as a crucial benchmark. Inaccurate QPAs have led to circumstances that disadvantage patients and providers in negotiations.
The lawsuit, brought by the Texas Medical Association, challenged the federal government's methodology for determining QPAs. The Fifth Circuit found that prior administrative interpretations resulted in incorrect and distorted figures that did not reflect actual market prices. This ruling is anticipated to significantly influence how insurers and healthcare providers negotiate payment rates in the future.