Lexology August 18, 2023
Bracewell LLP

Since April 15, 2022,[1] – the date the US Departments of Health and Human Services, Labor and the Treasury launched the federal Independent Dispute Resolution portal, following the implementation of the No Surprises Act (“NSA”) – providers have been forced, to a degree, to navigate the new world of so-called baseball-style arbitration with little practical guidance.[2]

Providers and practitioners are now left with one question: How do we really get paid?

The No Surprises Act’s stated purpose is to provide federal protection for patients against surprise bills by allowing providers and insurers a mechanism to dispute certain out-of-network charges via the IDR process.[3]

In a nutshell, IDR was designed to remove the patients from the reimbursement process. It provides an...

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