US No Surprises Act (42 USC 300gg-111 to 300gg-139) and 45 CFR Part 149
Federal independent dispute resolution process (45 CFR 149.510 and 149.520) – US No Surprises Act (42 USC 300gg-111 to 300gg-139) and 45 CFR Part 149

US No Surprises Act (42 USC 300gg-111 to 300gg-139) and 45 CFR Part 149 149.510(b)(2),(c)(1)-(3): Initiate the Federal IDR process within 4 business days after open negotiation ends, with the notice of IDR initiation, and select a certified IDR entity within 3 business days or accept the Departments' selection

What does 149.510(b)(2),(c)(1)-(3) require?

If open negotiation fails, either party may initiate the Federal IDR process by submitting the notice of IDR initiation through the Federal IDR portal to the other party and the Departments within 4 business days after the open negotiation period ends, identifying the items or services, the parties, the open negotiation history and the initiating party's preferred certified IDR entity. The parties have 3 business days to agree on a certified IDR entity free of conflicts of interest; failing agreement the Departments select one at random. The certified IDR entity must determine within the prescribed time whether the dispute is eligible (including whether a specified State law or All-Payer Model Agreement applies and whether open negotiation was completed), and batched items may be combined only within the rule's batching criteria (same provider or facility and plan, same or similar items, same 30-business-day period).

Maintained by Gerard Blokdyk

Other controls in Federal independent dispute resolution process (45 CFR 149.510 and 149.520) – US No Surprises Act (42 USC 300gg-111 to 300gg-139) and 45 CFR Part 149

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