US No Surprises Act (42 USC 300gg-111 to 300gg-139) and 45 CFR Part 149 149.510(d): Pay the administrative fee and the certified IDR entity fee when due; the non-prevailing party bears the entity fee

What does 149.510(d) require?

Each party to a Federal IDR dispute must pay the administrative fee the Departments set for the calendar year at the time the dispute is initiated, through the certified IDR entity, and each party must pay the certified IDR entity fee (within the Departments' allowed range, as published by the entity) at the time it submits its offer; the entity holds the fees in trust or escrow and refunds the prevailing party's entity fee after the determination, retaining the non-prevailing party's fee. Where the parties settle before the determination the entity fee is split as the rule provides.