Advocacy Alert

Urge Your Lawmakers to Support Essential Health System Designation

No Surprises Act Payments Resume

Julie Kozminski
March 21, 2023

The Department of Health and Human Services (HHS) has published guidance on the federal independent dispute resolution (IDR) process for disputing parties, allowing all payments to resume.

HHS on Feb. 10, 2023, instructed federal IDR entities not to issue new payment determinations in payment disputes related to out-of-network billing made on or after Feb. 6, due to a court ruling vacating certain portions of the No Surprises Act related to the consideration of the qualifying payment amount.

On Feb. 27, HHS released guidance to allow IDR entities to resume issuing payment determinations for payment disputes involving out-of-network services furnished before Oct. 25, 2022.

This latest guidance allows all IDR payment determinations to resume. The guidance also notes disputing parties will receive the majority of their payment determination notices from the IDR portal through emails from

Contact Director of Policy Rob Nelb, MPH, at or 202.585.0127 with questions.

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