American Samoa Senators are seeking a judicial review of the increased fees at the LBJ Hospital.
An earlier request to the High Court was dismissed.
In its motion the Senate makes the case that the Senators have suffered an injury in fact due to the higher rates.
The motion cites three cases in which senators or members of their families hve been made to pay the increased rates which the LBJ began charging last November.
They include Senator Tuaolo Fruean's daughter being refused treatment at the emergency room because she did not have funds to pay.
The Senate says under the prior rates, Senators would have either not paid any amount for treatment, or would have paid less.