Manatt Health Partner Harvey Rochman was quoted in Health Plan Weekly on the latest proposed rule surrounding provider fees for entities engaging in the Independent Dispute Resolution (IDR) process of the No Surprises Act (NSA) and explained how this development may impact negotiations moving forward.
Rochman discussed a recent case in which a provider successfully overturned a prior rule that required providers to pay a higher fee. He noted that, if the fee is changed in the future, the Department of Health and Human Services is “going to have a process that will base the fee on the anticipated volume of [IDR] decisions.” In light of these continued rulemaking changes, Rochman explained that there is growing evidence that “the law makes a significant change in negotiating leverage” between emergency departments and health plans.
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