Departments Issue Proposed Rule on No Surprises Act Fees for Federal IDR Process; Comments Due October 26

Published September 21, 2023

The U.S. Departments of Labor, Health and Human Services, and the Treasury (the Departments) issued proposed rules related to the fees established by the No Surprises Act for the Federal independent dispute resolution (IDR) process, as established by the Consolidated Appropriations Act, 2021 (CAA). 

The proposed rules:
  • Amend existing regulations to provide that the administrative fee amount charged by the Departments to participate in the Federal IDR process, and the ranges for certified IDR entity fees for single and batched determinations will be set by the Departments through notice and comment rule making; and
  • Set forth the methodology used to calculate the administrative fee and the considerations used to develop the certified IDR entity fee ranges.
The document proposes:
  • The amount of the administrative fee for disputes initiated on or after the later of the effective date of these rules or January 1, 2024; and 
  • The certified IDR entity fee ranges for disputes initiated on or after the later of the effective date of these rules or January 1, 2024. 

Comments are due October 26, 2023.