No Surprises Act: IDR Process

ICR 202508-1210-009

OMB: 1210-0169

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2025-11-13
Justification for No Material/Nonsubstantive Change
2023-02-24
ICR Details
1210-0169 202508-1210-009
Received in OIRA 202302-1210-003
DOL/EBSA
No Surprises Act: IDR Process
Extension without change of a currently approved collection   Yes
Regular 11/26/2025
  Requested Previously Approved
36 Months From Approved 11/30/2025
2,755,048 163,546
1,691,251 89,520
58,518,032 556,147

The CAA added provisions applicable to group health plans and health insurance issuers in the group and individual markets in a new Part D of title XXVII of the Public Health Service Act (PHS Act) and also added new provisions to part 7 of the Employee Retirement Income Security Act (ERISA), and Subchapter B of chapter 100 of the Internal Revenue Code (Code). Section 102 of the No Surprises Act added Code section 9816, ERISA section 716, and PHS Act section 2799A-1, which contain limitations on cost sharing and requirements for initial payments for emergency services. Section 103 of the No Surprises Act amended Code section 9816, ERISA section 716, and PHS Act section 2799A-1 to establish a Federal independent dispute resolution (Federal IDR) process that nonparticipating providers or facilities and group health plans and health insurance issuers in the group and individual market may use following the end of an unsuccessful open negotiation period to determine the out-of-network rate for certain services. More specifically, the Federal IDR provisions may be used to determine the out-of-network rate for certain emergency services, nonemergency items and services furnished by nonparticipating providers at participating health care facilities, where an All-Payer Model Agreement or specified state law does not apply. Section 105 of the No Surprises Act created Code section 9817, ERISA section 717, and PHS Act section 2799A-2 which contain limitations on cost sharing and requirements for initial payments for air ambulance services, and allow plans and issuers and providers of air ambulance services to access the Federal IDR process. CAA provisions that apply to health care providers and facilities, and providers of air ambulance services, such as requirements around cost sharing, prohibitions on balance billing for certain items and services, and requirements related to disclosures about balance billing protections, were added to title XXVII of the PHS Act in a new part E.

PL: Pub.L. 116 - 260 103 and 105 Name of Law: Consolidated Appropriations Act, 2021
  
None

Not associated with rulemaking

  90 FR 671 01/06/2025
90 FR 54399 11/26/2025
Yes

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 2,755,048 163,546 0 0 2,591,502 0
Annual Time Burden (Hours) 1,691,251 89,520 0 0 1,601,731 0
Annual Cost Burden (Dollars) 58,518,032 556,147 0 0 57,961,885 0
No
No
The Departments have made the following changes to the estimates of the burden of the information collection: • The Department have updated the average hour burden for the IDR notices from 2 hours to 30 minutes. • The Departments have updated the wage rates and the number of IDR claims that are expected to go through the Federal IDR process. • The Departments have combined the hour and cost burden for nonparticipating providers or nonparticipating emergency facilities and air ambulance providers. • The Departments have also removed the hour burden for the additional information to be shared with the initial payment or notice of denial of payment, as the form has been included in OMB Control Number 0938-1433. As a result, the number of responses has increased by 2,591,502 responses, the hour burden has increased by 1,601,731 hours, and the cost burden has increased by $57,961,885.

$1,000,000
No
    No
    No
No
No
No
No
James Butikofer 202 693-8434 [email protected]

  Yes
  The Departments have combined the hour and cost burden for nonparticipating providers or nonparticipating emergency facilities and air ambulance providers. The Departments have also added the hour burden for the registration of group health plans and health insurance issuers. Finally, the Departments have removed the hour burden for the additional information to be shared with the initial payment or notice of denial of payment, as this burden will now be included in HHS OMB Control Number 0938-1401.
Agency/Sub Agency RCF ID RCF Title RCF Status IC Title

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
11/26/2025


© 2025 OMB.report | Privacy Policy