Manatt Health November 29, 2022
Harvey L. Rochman

Controversy continues to surround the independent dispute resolution (IDR) provisions of the No Surprises Act (NSA). On November 18, bipartisan leadership of the House Ways and Means Committee sent a letter to the Secretaries of the Departments of Health and Human Services, Labor, and Treasury (Departments) stating that leadership is “severely disappointed” to find that the August 2022 final rule implementing the IDR process violates the NSA in the same ways as the prior interim final rule with comment period.

Under the NSA, if a provider and a health plan cannot reach agreement on the amount the plan will pay for a service to which the NSA applies, the provider and the health plan must resolve the dispute through the...

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