Oct. 3, 2023

As the No Surprises Act’s Independent Dispute Resolution (IDR) portal surpasses the 8-week mark since its halt of full operations for the filing of new IDRs, the American College of Emergency Physicians, American College of Radiology®, American Society for Anesthesiology, the Emergency Department Practice Management Association and Radiology Business Management Association together urged the U.S. Department of Health and Human Services to reopen the national portal.

“The already substantial backlog of arbitration cases grows worse each passing day. Clinicians face considerable cash flow challenges that are being compounded by their lack of recourse in resolving payment disputes. While we appreciate that IDR entities were recently instructed to start processing claims submitted prior to August 3, this only pertains to single disputes and continues to prevent batching, further straining the IDR system.

The Departments also need to reform overly restrictive batching rules and guidance to reflect the real-world billing practices of emergency physicians, anesthesiologists and radiologists, and the original intent of the No Surprises Act. Without a change to these rules, the IDR system will remain overwhelmed by single, inefficient claims that add administrative burdens to the healthcare system as a whole and detract resources from patient care.

These kinds of barriers and delays in dispute resolution undermine the well-crafted and interconnected policies of the No Surprises Act that serve to protect patients from surprise medical bills. The law cannot function as intended while its most crucial functions remain inaccessible.

These limitations on the dispute resolution portal are unnecessary. The Eastern District Court of Texas's ruling last month in favor of the Texas Medical Association made clear that dispute resolution could continue uninterrupted inside a framework of good-faith compliance with the court’s ruling while simultaneously crafting permanent policies through the proper rulemaking process.”

We urge an immediate and full opening of the No Surprises Act’s IDR process to prevent further adverse impacts on physician practices.

###


Recent ACR Press Releases

  • American College of Radiology Launches First Medical Practice Artificial Intelligence Quality Assurance Program

    The American College of Radiology® (ACR®) today launched the ACR Recognized Center for Healthcare-AI (ARCH-AI), the first national artificial intelligence quality assurance program for radiology facilities.

    Read more
  • ARPA-H appoints Pisano to lead Advancing Clinical Trials Readiness Initiative

    The Advanced Research Projects Agency for Health (ARPA-H) has appointed American College of Radiology® (ACR®) Chief Research Officer (CRO) Etta D. Pisano, MD, FACR, senior portfolio lead, to build the agency’s clinical trial portfolio and lead the ARPA-H Advancing Clinical Trials Readiness Initiative under ARPA-H Resilient Systems Mission Office Director Jennifer Roberts.

    Read more
  • Medical associations commend Texas federal court Surprise Billing ruling—a win for patients and physicians

    The American College of Radiology® (ACR®), American College of Emergency Physicians (ACEP) and American Society of Anesthesiologists (ASA) applaud the Aug. 3 U.S. District Court for the Eastern District of Texas’ ruling that the government's exorbitant 600% fee increase to access the independent dispute resolution (IDR) process and its overly restrictive “batching” limitations violate federal law. The ruling does not impact the patient protections included in the No Surprises Act, which ACR, ACEP and ASA advocated for and continue to support, nor does it raise patient out-of-pocket costs.

    Read more