William Brewer Comments in Bloomberg Law Article, Calls on Insurers to Challenge No Surprises Act's Constitutionality
May 19, 2026 – Bloomberg Law reports today that a series of lawsuits involving the federal No Surprises Act is increasing pressure on Congress and the Trump Administration to revisit the arbitration system – including how it operates and how courts review disputed awards.
Recent appellate matters involving major insurers continue to test the scope of judicial review under the statute. Insurers allege that certain providers improperly obtained arbitration awards through ineligible Medicare and Medicaid claims. The cases also center on allegations that out-of-network claims were routed through in-network practices.
Providers prevail in approximately 88% of disputes, according to data cited in the article, while providers separately contend that insurers routinely delay or fail to pay arbitration awards. Awards can reach up to 17 times insurers’ median in-network reimbursement rates, while the volume of provider-disputed claims continues to rise.
William A. Brewer III, partner at Brewer, Attorneys & Counselors, tells Bloomberg Law that insurers should challenge the law's constitutionality rather than appeal adverse rulings. Brewer argues that the No Surprises Act’s “fundamental flaw” lies in compelling arbitration between parties that did not voluntarily agree to waive their First Amendment right to sue.
“Insurers have got to go back and replot their assault on this,” Brewer said, “and stop appealing after they lost.”
Read more: Bloomberg Law: Frustration in Surprise Billing Cases Ups Pressure for Overhaul