The departments of Health and Human Services, Labor and the Treasury have released frequently asked questions (FAQs) regarding the No Surprises Act independent dispute resolution (IDR) administrative fee. The FAQs are in response to the Texas Medical Association v. United States Department of Health and Human Services opinion and order to vacate the established $350 administrative fee.
The new administrative fee amount for disputes initiated on or after Aug. 3, 2023, is $50 per party per dispute. For a party to a dispute initiated on or after Jan. 1, 2023, through and including Aug. 2, 2023, that has “paid” the administrative fee — as defined by the FAQs — to a certified IDR entity before Aug. 3, 2023, the administrative fee remains $350.
The order does not require a refund for administrative fees paid before Aug. 3, 2023.