Lexology November 17, 2023
Hall Render Killian Heath & Lyman PC

On November 3, 2023, the Departments of Health and Human Services, Labor, and the Treasury (collectively, “the Departments”) released a proposed rule that would implement significant administrative and technical changes to the No Surprises Act’s (“NSA”) Independent Dispute Resolution (“IDR”) process (the “Proposed Rule”). These changes aim to create a more efficient IDR process by (1) promoting active participation by all parties, and (2) requiring additional information be shared between disputing parties and the Departments to facilitate the earlier identification of services that may be ineligible for the IDR process.

The IDR Process

IDR is a mechanism for determining the appropriate amount to be paid by group health plans and group health insurance issuers (collectively referred to as “Plans”) to...

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