Departments Issue Final Rule on Federal Independent Dispute Resolution Process Administrative Fee and Certified IDR Entity Fee Ranges

Published January 23, 2024

​The Departments of Labor (DOL), Health and Human Services (HHS), the Treasury, and Internal Revenue Service (IRS) (collectively, the Departments) issued a correction to technical errors that appeared in the December 21, 2023 final rules entitled, “Federal Independent Dispute Resolution (IDR) Process Administrative Fee and Certified IDR Entity Fee Ranges.” 

The correcting document is effective January 22, 2024. 

(Updated January 23, 2024)

The Departments of Labor (DOL), Health and Human Services (HHS), the Treasury, and Internal Revenue Service (IRS) (collectively, the Departments), published final 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 IDR process is meant to resolve disagreements over out-of-network charges that payers and providers are unable to settle themselves.

The Departments are finalizing the policy to establish the administrative fee for disputes initiated on or after the effective date of these rules as $115 per party per dispute. In addition, the ranges for certified IDR entity fees for single and batched determinations, will be set by the Departments through future notice and comment rulemaking.

The final rule is effective January 22, 2024.

CMS Fact Sheet

(Posted December 19, 2023)