Dive Brief:

An appeals court is set to rehear a case from providers trying to restrict what factors insurers consider in calculating a key metric that arbiters use to determine fair payment amounts in disputes over out-of-network bills.

It’s a win for providers after a panel of judges from the 5th Circuit Court of Appeals previously sided with the federal government in the case — and an unexpected one, given petitions for such rehearings are rarely granted.

Still, a majority of 5th Circuit judges voted in favor of rehearing the Texas Medical Association’s case , vacating the panel’s decision from October, according to a court filing on Friday.

Dive Insight:

The lawsuit in question is one of a string of litigation from providers dead-set on changing how regulators implemented the No

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