Biden administration proposes fixes to No Surprises Act’s dispute resolution process

The Biden administration dropped a new proposal Friday designed to fix the controversial dispute resolution process that’s part of the federal surprise billing ban.

Since the beginning of 2022, the No Surprises Act has shielded patients in most cases against bills from out-of-network providers for care delivered at in-network facilities. But the behind-the-scenes battles between those providers and health insurers over what that care should cost have gotten ugly. The so-called independent dispute resolution (IDR) process baked into the law has been heavily litigated, ultimately forcing the government back to the drawing board.

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The proposed rule released Friday suggests a number of changes based on feedback the government received concerning the IDR process. The Departments of Health and Human Services, Labor, and the Treasury and the Office of Personnel Management said their proposal is designed to increase early communication between insurers and providers and make the process more efficient and accessible.

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