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HHS/CMS RIN: 0938-AV15 Publication ID: Spring 2025 
Title: Independent Dispute Resolution Operations (CMS-9897) 
Abstract:

This document finalizes rules related to certain provisions of the No Surprises Act regarding the Federal independent dispute resolution (IDR) process, which was established as part of the Consolidated Appropriations Act, 2021 (CAA). This rule sets forth new requirements relating to the disclosure of information that group health plans and health insurance issuers offering group or individual health insurance coverage must include along with the initial payment or notice of denial of payment for certain items and services subject to the surprise billing protections in the No Surprises Act. This rule also requires plans and issuers to communicate information by using claim adjustment reason codes (CARCs) and remittance advice remark codes (RARCs), as specified in guidance, when providing any paper or electronic remittance advice to an entity that does not have a contractual relationship with the plan or issuer. This document also amends certain requirements related to the open negotiation period preceding the Federal IDR process, the initiation of the Federal IDR process, the Federal IDR dispute eligibility review, and the payment and collection of administrative fees and certified IDR entity fees. This document also defines bundled payment arrangements, amends requirements related to batched items and services, and amends the rules for extensions of timeframes due to extenuating circumstances. Additionally, this document requires plans and issuers to register in the Federal IDR portal.

 
Agency: Department of Health and Human Services(HHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
EO 14192 Designation: Regulatory 
CFR Citation: 5 CFR 890    26 CFR 54    29 CFR 2590    45 CFR 149   
Legal Authority: Pub. L. 116-260, Division BB, title I & title II   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/03/2023  88 FR 75744   
NPRM Comment Period End  01/02/2024 
NPRM Comment Period Reopened  01/22/2024  89 FR 3896   
NPRM Comment Period Reopened End  02/05/2024 
Final Action  11/00/2025 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: Federal, State 
Small Entities Affected: Businesses  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Related Agencies: Joint: DOL/EBSA, TREAS/IRS, OPM; 
Agency Contact:
Bryan Kirk
Deputy Director, Division of Independent Dispute Resolution
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Center for Consumer Information and Insurance Oversight , 7500 Security Boulevard,
Baltimore, MD 21244
Phone:301 492-4122
Email: bryan.kirk@cms.hhs.gov