Lexology January 12, 2023
Davis Wright Tremaine LLP

Health and Human Services (HHS) released an initial report in late December detailing the use and outcomes of the Independent Dispute Resolution (IDR) process established by the No Surprises Act (NSA). The report, which covers April 15, 2022, through September 30, 2022, found that during this time frame, providers initiated 90,078 disputes, the majority of which were for emergency services. The report also detailed a growing backlog of disputes that have not yet been closed by the IDR entities, and HHS’s efforts to address it.

For services covered by the NSA, a provider, facility, or payer may initiate the IDR process if they cannot agree upon a payment amount during a 30-day open negotiation period. Services covered by the NSA...

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