HHS to update guidance on the independent dispute resolution process

Wednesday, March 16, 2022

A court ruling has invalidated HHS’ implementation of the independent dispute resolution (IDR) process of the No Surprises Act.

Per the court’s ruling on February 23, HHS will be taking the following actions:

  • Withdrawing and updating guidance documents that have been invalidated by the court
  • Training disputing parties and IDR entities on the corrected guidance through webinars and roundtable discussions
  • Allowing submissions for the IDR process via the IDR portal

The determination did not affect other provisions of the No Surprises Act. Surprise billing will continue to be prevented for out-of-network emergency services and air ambulance services, as well as for some out-of-network services provided at in-network facilities.

Editor’s note: Access more NAHRI resources on the No Surprises Act here.

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