CMS lowers No Surprises Act fee after latest court loss

CMS is lowering the Independent Dispute Resolution fee to $50 after the federal government's latest court loss regarding the No Surprises Act. 

A federal judge in Texas on Aug. 3 vacated the $350 fee, ruling that federal departments did not follow notice and comment requirements when hiking administrative fees. 

According to a CMS FAQ posted Aug. 11, the administrative fee for disputes initiated — or unpaid — on or after Aug. 3 will be $50 per party until the federal departments take action on a new fee amount. 

For disputes initiated between Jan. 1 and Aug. 2 that have been paid, the fee remains $350, according to the FAQ. The judge's order does not require a refund on administrative fees paid before Aug. 3. 

Following the judge's ruling, HHS said it temporarily suspended the IDR process, including the ability to initiate new disputes, until the federal agencies can provide additional instructions. CMS said the FAQ is not announcing the reopening of the IDR portal, but the departments "intend to reopen the portal to permit the submission of new disputes soon and will notify interested parties at that time."

Read the full FAQ here

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