Federal Independent Dispute Resolution Portal Re-Opened Effective October 6, to Initiate Certain Single and Bundled Disputes
Effective October 6, 2023, the Departments have re-opened the Federal IDR portal for the initiation of certain new single and bundled disputes. On September 21, 2023, the Departments directed certified IDR entities to resume processing all in-progress single and bundled disputes submitted on or before August 3, 2023. Processing of in-progress batched disputes, new batched disputes, and new air ambulance disputes remains temporarily suspended while the Departments update batching and air ambulance guidance and operations to align with the district court’s opinions and orders in TMA III and TMA IV. Disputing parties should continue to engage in open negotiation according to the required timeframes until further notice from the Departments.
The temporary suspension of the Federal IDR process meant initiating parties were unable to submit new disputes between August 3, 2023, and October 5, 2023. The Notice of Initiation webform is now available to disputing parties to initiate new single and bundled non-air ambulance disputes.
The Departments will allow parties impacted by the temporary suspension of the Federal IDR process more time to submit and respond to new disputes.
- Parties for whom the Federal IDR initiation deadline required by regulation falls on a date beginning August 3, 2023, through November 3, 2023 will have until the 20th business day after the Federal IDR portal reopens for new dispute processing, which is November 3, 2023, to initiate a new dispute.
- For new disputes initiated between October 6, 2023, and November 3, 2023, the deadline for certified IDR entity selection will be ten business days after initiation, and the deadline to submit fees and offers will remain ten business days after certified IDR entity selection.
- Disputing parties that were engaged in certified IDR entity selection when the Federal IDR portal temporarily closed will have ten business days from October 6, 2023, to agree on a certified IDR entity.
- All other deadlines under the Federal IDR process remain unchanged.
Parties should reference the October 2023 NSA IDR Partial Reopening of Dispute Initiation FAQs, October 2023 FAQs about Consolidated Appropriations Act, 2021 Implementation Part 62 (FAQs Part 62), and the August 2023 IDR Administrative Fees FAQs for further information.
Questions can be directed to the Federal IDR mailbox at [email protected]. Additional updates will be provided to the public at www.cms.gov/nosurprises as they become available.
