The No Surprises Act’s Independent Dispute Resolution process remains operational despite the government shutdown.
CMS said Oct. 2 that all standard dispute timelines continue to apply but warned that a prolonged shutdown “may cause delays in the review and processing of IDR complaints and response times to inquiries.”
The government shut down Oct. 1 after lawmakers failed to reach a spending deal. Politico reported Oct. 6 that Oct. 15 — when active-duty military members could miss a paycheck — is seen by some lawmakers as the next real deadline for action in the shutdown fight, as Democratic and Republican leaders remain at odds over a bill. The debate over the extension of ACA premium tax subsidies remains a key issue in the impasse.
CMS recently announced that it has made progress in clearing the IDR backlog. When the IDR portal first opened in 2022, it received nearly 14 times as many disputes as initially projected, according to a Sept. 19 report from the agency. The volume is now more than 100 times the initial projection.
Over the past year, HHS and the Labor and Treasury Departments have taken steps to resolve capacity issues and clear the backlog, according to the report. IDR entities are now resolving disputes faster than they are submitted.
As of July, 96.5% of all IDR disputes submitted since the program’s start have been resolved or are less than 30 business days old.
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