The three agencies that oversee the independent dispute resolution (IDR) process established by the No Surprises Act have notified certified IDR entities that they should not issue any new payment determinations while the agencies evaulate and update IDR guidance to comply with a recent court decision vacating provisions of the IDR rule.
The notice comes in response to an order from the U.S. District Court for the Eastern District of Texas which vacated portions of the IDR final rule. For more information on the court’s order see our previous blog post. The notice, posted on the website for the Centers for Medicare and Medicaid Services, instructed certified IDR entities to recall any payment determinations issued after February 6, 2023 (the date of the court’s decision) and to stop any further payment determinations until they receive further guidance from the departments. The notice specifically tells the entities to continue working through other parts of the IDR process.
Reed Smith will continue to follow developments of the No Surprises Act, its implementing regulations, and the dispute resolution and court processes around application of both. For more information about this rule or for advice on how this will apply to your business, please reach out to the health care attorneys at Reed Smith, LLP.