Federal Independent Dispute Resolution Process
The Departments of Health and Human Services (HHS), Labor, and the Treasury (collectively, the Departments) are offering an extension of timelines related to:
- responding to a certified IDR entity’s request for additional information needed to determine a dispute’s eligibility for the Federal IDR process or to make a payment determination; and
- submitting offers to a certified IDR entity.
On October 6, 2023, the Departments reopened the Federal IDR portal for the initiation of certain new single disputes, including disputes involving bundled payment arrangements, but excluding disputes related to air ambulance services. At that time, the Departments granted disputing parties flexibility regarding several timelines in the Federal IDR process, namely:
- granting initiating parties 20 business days to initiate new single and bundled disputes that would have been due between August 3, 2023, through November 3, 2023; and
- extending the timeline for certified IDR entity selection to 10 business days after initiation.
Since those extensions elapsed on November 3, 2023, certified IDR entities and numerous disputing parties have reported having difficulty meeting the normal timelines, given the large volume of disputes initiated following the October 6, 2023, portal reopening to new single disputes, including disputes involving bundled payment arrangements. Consequently, the Departments are using their statutory authority to grant extensions of certain timelines upon request.
Responding to a certified IDR entity request for additional information
The Departments are announcing that disputing parties may request from a certified IDR entity additional time, beyond the current five business day deadline, to respond to the certified IDR entity’s requests for additional information. The Departments are instructing certified IDR entities to grant such requests through January 16, 2024.
Submitting offers to a certified IDR entity
The Departments are authorizing certified IDR entities to provide parties, upon request, an additional 10 business days after the original offer deadline to submit an offer. Certified IDR entities may provide this extension as long as they have established an internal process to ensure they handle such requests consistently across parties. Certified IDR entities may provide parties this additional time, as needed, through January 16, 2024.
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.
