ASA, ACEP and ACR Urge Release of Pending Favorable NSA Final Regulation

Today, ASA, the American College of Emergency Physicians (ACEP) and the American College of Radiology (ACR) urged federal agencies to release a pending No Surprises Act regulation “as soon as possible.” The regulation, Independent Dispute Resolution (IDR) Final Rule (CMS-9897) is expected to include significant improvements to the IDR process, many of which the groups have long sought. Among anticipated changes, the rule will add transparency to the IDR process by requiring insurance companies to provide disputing physicians additional information, including clarification of the patients’ health plan type. The rule will also move disputes into the NSA portal and hold insurers accountable for their meaningful engagement in the open negotiation period. ASA, ACEP and ACR also urged the agencies to include in the final regulation additional language enforcing the statutory requirement that insurers pay physicians who prevail in the IDR process within 30 days. The groups also urge the agencies to improve batching opportunities. The comment period for the proposed version of the rule ended February 5, 2024.  ASA’s initial formal comments are here.