A recent decision from the US District Court for the Eastern District of New York has significant implications for providers navigating the No Surprises Act (NSA) independent dispute resolution (IDR) process.
In Neurological Surgery Practice of Long Island, PLLC v. US Department of Health and Human Services et al. , the court dismissed a provider’s challenge to the federal agencies’ implementation of the independent dispute resolution entity (IDRE) selection procedures under the NSA. Providers should be aware of the court’s deference to agency discretion, the limitations on judicial remedies, and the ongoing regulatory developments that may impact future IDR proceedings. In the case , a private neurosurgery practice in New York brought suit against the US Departments of Health and Human Services, Treasury, and Labor, alleging that the agencies’ procedures for selecting IDREs under the NSA were unlawful . The court reviewed the statutory framework of the NSA, which requires that providers and payers jointly select an IDRE within a three-business-day window. If the parties cannot agree, the agencies’ regulations provide that the initiating party (typically the provider) proposes a...