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HHS Releases Hold on IDR Payment Determinations

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The Federal Agencies responsible for the implementation rules under the No Surprises Act (NSA) have directed Certified Independent Dispute Resolution (IDR) Entities to resume issuing payment determinations effective, Monday February 27, 2023, for disputes related to items and services furnished prior to October 25, 2022.

The halt on processing disputes was announced on February 10, 2023 by the Department of HHS, Treasury and Labor following the decision by the U.S. District Court of Texas vacating certain provisions in the Rules issued by the Departments governing the Federal IDR process for payment disputes. The Departments has also issued a recall of any payment determinations issued between February 6, 2023, and February 10, 2023.

Payment determinations for disputes related to items or services furnished on or after October 25, 2022, will continue to be on hold until the Departments issue further guidance.

The Departments have instructed disputing parties to continue to engage in open negotiations and all other aspects of the Federal IDR process, including submitting fees and offers with updated guidance and system updates forthcoming that will allow Certified IDR entities to resume processing payment determinations that fall on or after October 25, 2022. The Departments have indicated that they are working diligently to complete necessary guidance and system updates in order to allow certified IDR entities to resume processing payment determinations for disputes involving items or services furnished on or after October 25, 2022.

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