This past August, a federal court in the Eastern District of Texas vacated certain portions of regulatory guidance establishing the fees charged under the No Surprises Act (NSA) Independent Dispute Resolution (IDR) process. In response to the court’s Order, on December 18 the Tri-Agencies (IRS, DOL, HHS) published its Final Rule setting forth new methodology for calculating NSA IDR annual administrative fees. The Final Rule also describes calculations for the fees that can be charged by Certified IDR Entities.

Using the new calculations as a basis for upcoming fee increases, the Final Rule set revised fees effective January 1, 2024. As required by statue, both parties to an NSA dispute must pay a non-refundable fee for participating in the federal IDR process. For 2024, that administrative fee has been set at $115 per party. The range of fees that Certified IDR Entities may charge for reviewing a dispute moves to $200 – $840 for single determinations and $268 – $1,173 for batched determinations. 

The Final Rule states that these fees will be updated once per calendar year using the calculation methodology described in the new regulation.

If you have any questions regarding NSA IDR annual administrative fees, do not hesitate to contact Caroline Fraker or Erin Kelly in the MedBen Compliance Department.