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ARTICLE · 10 AUGUST 2023

NSA Update: IDR Process Suspended After TX District Court Invalidates Batching And Fee Increases

Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP
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Manatt, Phelps & Phillips, LLP

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Last week, after several slow news months for the No Surprises Act (NSA), a Texas district court issued its most recent decision in a series of cases brought by the Texas Medical Association...

United StatesLitigation, Mediation & Arbitration

Last week, after several slow news months for the No Surprises Act (NSA), a Texas district court issued its most recent decision in a series of cases brought by the Texas Medical Association and other health care providers challenging the implementation of the NSA by the Departments of Health and Human Services, Labor and the Treasury (the Departments). The court invalidated certain regulations and guidance implementing the Independent Dispute Resolution (IDR) process, a key element of the NSA. The Departments responded on Friday temporarily suspending the IDR process, including the ability to initiate new disputes, and the Departments directed all certified IDR entities to pause all IDR activities effective August 3. The Departments stated that they are currently reviewing the Texas court's decision and evaluating what updates would be necessary to comply with the court's order.

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