East Coast Advanced Plastic Surgery, LLC v. Cigna Health and Life Insurance Co.
S.D.N.Y. → 2d Cir. · Updated
Summary
A plastic surgery practice sued Cigna over more than $3 million in unpaid IDR awards. The Southern District of New York dismissed its claims in August 2025. After argument on June 17, 2026, the Second Circuit affirmed on September 17, 2026, holding that the No Surprises Act creates no private right of action to enforce IDR payment awards.
Timeline of rulings
- 2d Cir.
Affirmed; the No Surprises Act does not provide a private right of action to enforce payment awards obtained through IDR.
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Oral argument held.
- S.D.N.Y.
Cigna's and MultiPlan's motions to dismiss the provider's complaint granted without prejudice; Cigna's related fraud claims against the provider partly survived.
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Why it matters
The Second Circuit joined the Fifth Circuit, so the two courts of appeals to decide the question both reject a private right of action to enforce IDR awards. Because it binds district courts in the circuit, the decision effectively abrogates the District of Connecticut's 2025 implied-right holding in Guardian Flight v. Aetna. The court expressly left open, in footnote 13, whether the NSA bars suits to confirm awards.
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General information only, not legal advice. Verdict Consulting Group is not a law firm.