Manatt Health February 28, 2023
The Department of Health and Human Services, the Department of Labor and the Department of the Treasury (the Departments) are continuing to respond to decisions by a federal district court in Texas regarding the Independent Dispute Resolution (IDR) process established to implement the No Surprises Act (NSA). Last Friday, the Departments modified instructions they had given to IDR arbitrators on February 10, which told arbitrators to hold all decisions in process and recall decisions issued after February 6 (the day of the decision in the most recent Texas Medical Association case, referred to as TMA II). In the most recent notice on February 24, the Departments instructed certified IDR entities to resume issuing payment determinations for disputes involving items or...
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