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September 15, 2023

Two New No Surprises Act Independent Dispute Resolution Rules Currently under OMB Review

On August 28, 2023, CMS submitted two proposed rules to the Office of Management and Budget’s Office of Information and Regulatory Affairs related to the suspension of the No Surprise Act’s independent dispute resolution (IDR) process. Both proposed rules are currently under review. The proposed rules likely will amend the requirements of the Surprise Billing July 2021 interim final rules and the October 2021 interim final rules, which a federal district court judge recently ruled violated the APA. While we wait for the proposed rules,  the CMS website states that, effective September 5, “the Departments have directed certified IDR entities to proceed with eligibility determinations for single and bundled disputes submitted on or before August 3, 2023. All other aspects of Federal IDR process operations remain suspended.”

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