Lexology October 5, 2023
On September 26, 2023, the Departments of Health and Human Services, Labor, and the Treasury (collectively, “the Departments”) released a proposed rule that would again change the administrative fees for participating in the No Surprises Act’s (“NSA”) Independent Dispute Resolution (“IDR”) process. The proposed rule responds to the August 3, 2023 ruling from the U.S. District Court for the Eastern District of Texas (the “Court”) which concluded that the Departments’ increase of the IDR administrative fee from $50 to $350 violated the Administrative Procedure Act (“APA”) because the Departments failed to follow the APA’s requisite public notice and comment process. To read more about the prior court ruling, please see our previous article here.
Proposed Administrative Fee and Methodology
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