high impactNo Surprises Actindependent dispute resolution finalizationFederal

Federal Independent Dispute Resolution Operations

June 4, 2026Source: Federal RegisterStatus: final_rule
72
Relevance score
Major policy shift

Impact on your practice

These final IDR rules directly impact out-of-network billing and dispute resolution for therapists who bill insurance. The new coding requirements and portal registration mandate affect how therapists handle claim denials and non-contracted claims. Therapists and billers need to understand the new CARC/RARC requirements and prepare for portal interactions.

Key facts

1

Final rules on Federal Independent Dispute Resolution (IDR) process for No Surprises Act implementation

2

Requires specific claim adjustment reason codes (CARCs) and remittance advice remark codes (RARCs) for out-of-network claims

3

Mandates registration of plans and issuers in the Federal IDR portal

4

Clarifies bundled payments, batched items/services, and timeframe extension procedures

5

Applies to group health plans and health insurance issuers offering group or individual coverage

Therapy Companion analysis

These final IDR rules, effective August 3, 2026, will reshape how your practice handles out-of-network claims and disputes with insurers. The most immediate operational impact is the mandatory use of Claim Adjustment Reason Codes (CARCs) and Remittance Advice Remark Codes (RARCs) on all claim denials and payment communications. You must understand that these codes are now the standardized language insurers must use to explain why a claim was denied or modified—if an insurer fails to include the correct CARC/RARC, you have stronger grounds to challenge the denial. This directly affects your billing workflow: every denial notice you receive after August 3, 2026, should clearly state which CARC or RARC applies. If it does not, document this and use it as leverage in disputes.

The second major impact is the Federal IDR Portal registration requirement for all group health plans and health insurance issuers. If you bill any commercial insurance (including self-insured employer plans), those plans must register in this portal. This centralized system will handle all out-of-network dispute resolution for claims that meet IDR eligibility criteria. For your practice, this means disputes that previously went through carrier-specific processes now funnel through a federal portal with standardized timelines and procedural requirements. You should expect faster (but more rigid) dispute resolution—the rules establish strict submission deadlines and payment determination windows.

The batching and bundling rules directly affect how you can challenge denials. Under these rules, you can now batch up to 25 related items or services (e.g., multiple individual therapy sessions billed under the same CPT code during a treatment episode) into a single IDR dispute. This is operationally significant: instead of fighting 12 separate session denials one at a time, you can consolidate them into one dispute with one administrative fee. However, the rules are strict about what qualifies for batching—items must be from the same provider, paid by the same plan, relate to similar clinical conditions, and be furnished within the same time period. Your billing staff must track these parameters to take advantage of batching.

Administrative fees for IDR disputes will be collected upfront, and the rule establishes a reduced fee structure for 'low-dollar disputes' (though the final rule text provided does not specify the dollar threshold). This creates a cost-benefit calculation you need to make: some denials may not be worth disputing if the administrative fee approaches the claim amount. The rules also allow for time period extensions if extenuating circumstances exist, giving you flexibility in meeting strict IDR deadlines—but you must request extensions proactively and document your reasons. Plans that fail to register in the Federal IDR Portal or that fail to pay certified IDR entity fees face enforcement action, which indirectly protects you by ensuring the system remains operational.

Background

The No Surprises Act, enacted in 2022, prohibited surprise medical bills for out-of-network care in emergency and non-emergency settings. However, the initial regulations left critical operational gaps: there was no standardized way for insurers to communicate why claims were being denied, no centralized dispute resolution system, and significant confusion about when and how the Federal IDR process applied. Therapists faced a fragmented landscape where each insurer used different denial codes and dispute procedures, making it nearly impossible to efficiently challenge systematic underpayment or denial patterns. This 2026 final rule closes those gaps by establishing uniform coding requirements, a federal portal system, and standardized procedural timelines that apply to all plans and issuers nationwide.

The rule reflects years of industry feedback about implementation failures. Insurers were inconsistently applying the QPA (Qualified Payment Amount)—the benchmark price for out-of-network services—and often failed to disclose it to providers. The new rules explicitly require that plans share QPA information with you during open negotiation, before a claim is denied. Additionally, the rule addresses the explosion of ineligible or frivolous disputes that clogged the system: stricter eligibility determinations and departmental review processes now filter out disputes that don't meet statutory criteria. For therapists, this means the Federal IDR process becomes a more credible enforcement mechanism for payment parity, but only if you understand and follow the new procedural requirements exactly.

What you should do

1

Audit your current billing and denial management process for CARC/RARC compliance. Beginning August 3, 2026, require that every claim denial notice you receive includes the specific CARC and RARC codes. If a denial is missing these codes, contact the insurer and request them in writing—this creates a record of non-compliance you can use in future disputes.

2

Identify which of your contracted insurance relationships are group health plans or health insurance issuers required to register in the Federal IDR Portal. Request confirmation from each plan that they have registered and are operational on the portal. Keep a roster with plan registry status and portal access credentials for your billing staff.

3

Develop a batching protocol for your billing and denial management workflow. Create a tracking system (spreadsheet or EHR integration) that flags sessions denied by the same plan and links them by CPT code, treatment date range, and clinical condition. Once you have 3+ related denials, batch them into a single IDR dispute to reduce administrative fees and consolidate your negotiating power.

4

Establish a written policy on IDR dispute thresholds and timelines. Calculate the administrative fee amount (to be published in guidance after August 3, 2026) and set a minimum claim amount below which batched disputes are not cost-effective. For eligible disputes, immediately document the 'open negotiation' phase and set calendar reminders for the IDR Portal submission deadline to avoid missing statutory timelines.

5

Brief your billing staff and clinical supervisors on the new QPA disclosure requirements. When open negotiation occurs (after a claim is denied but before IDR initiation), the plan must share its QPA justification. Train staff to request this information explicitly and to flag claims where the offered rate falls below the disclosed QPA—this is grounds for a winning IDR case.

Notable excerpts

"These final rules are effective on August 3, 2026." — Federal Register, 91 FR 33900 (2026-11140). This is your deadline to ensure billing systems are compliant.

"Batched Items and Services Must Be Related to the Treatment of a Similar Condition if They Are Furnished To a Single Patient During the Same Patient Encounter." — This establishes one key criterion for bundling your therapy session denials into a single IDR dispute.

"Plans and issuers offering group or individual coverage" are subject to the Federal IDR Portal registration mandate. — This confirms that both employer-sponsored and ACA marketplace plans must participate in the centralized system.

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Legal Status ## Rule modal#escClose" data-suggestions-target="modal"> modal#forceClose"> Enter a search term or FR citation e.g. suggestions#fillExample" class="example badge badge-info">88 FR 382 suggestions#fillExample" class="example badge badge-info desktop-only">30 FR 7878 suggestions#fillExample" class="example badge badge-info">2024-13208 suggestions#fillExample" class="example badge badge-info">USDA suggestions#fillExample" class="example badge badge-info desktop-only">09/05/24 suggestions#fillExample" class="example badge badge-info">RULE suggestions#fillExample" class="example badge badge-info desktop-only">0503-AA39 suggestions#fillExample" class="example badge badge-info desktop-only">SORN Choosing an item from full text search results will bring you to those results. Pressing enter in the search box will also bring you to search results. Choosing an item from suggestions will bring you directly to the content. Background and more details are available in the Search & Navigation guide. suggestions#goDefault"> suggestions#modal" placeholder="Enter a search term or CFR reference (eg. fishing or 1 CFR 1.1)" type="text" data-suggestions-target="nonModalInput" name="conditions[term]" id="suggestion"> suggestions#go"> suggestions#go"> ## Federal Independent Dispute Resolution Operations A Rule by the Personnel Management Office, the Internal Revenue Service, the Employee Benefits Security Administration, and the Health and Human Services Department on 06/04/2026 - - Published Document: 2026-11140 (91 FR 33900) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. Published Document: 2026-11140 (91 FR 33900) - Document DetailsPublished Content - Document Details Agencies Office of Personnel Management Department of the Treasury Internal Revenue Service Department of Labor Employee Benefits Security Administration Department of Health and Human Services Agency/Docket Numbers TD 10049 CMS-9897-F CFR 5 CFR 890 26 CFR 54 29 CFR 2590 45 CFR 149 Document Citation 91 FR 33900 Document Number 2026-11140 Document Type Rule Pages 33900-34081 (182 pages) Publication Date 06/04/2026 RIN 0938-AV15 1210-AC17 1545-BQ55 3206-AO48 Published Content - Document Details - - PDFOfficial Content View printed version (PDF) Official Content - Document DetailsPublished Content - Document Details Agencies Office of Personnel Management Department of the Treasury Internal Revenue Service Department of Labor Employee Benefits Security Administration Department of Health and Human Services Agency/Docket Numbers TD 10049 CMS-9897-F CFR 5 CFR 890 26 CFR 54 29 CFR 2590 45 CFR 149 Document Citation 91 FR 33900 Document Number 2026-11140 Document Type Rule Pages 33900-34081 (182 pages) Publication Date 06/04/2026 RIN 0938-AV15 1210-AC17 1545-BQ55 3206-AO48 Published Content - Document Details - Document DatesPublished Content - Document Dates Effective Date 2026-08-03 Dates Text Effective date: These final rules are effective on August 3, 2026. Published Content - Document Dates - Table of ContentsEnhanced Content - Table of Contents This table of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents. This repetition of headings to form internal navigation links has no substantive legal effect. AGENCY: - ACTION: - SUMMARY: - DATES: - FOR FURTHER INFORMATION CONTACT: - SUPPLEMENTARY INFORMATION: - I. Background - A. Preventing Surprise Medical Bills and Establishing the Federal Independent Dispute Resolution (IDR) Process - B. The Federal IDR Process to Date - C. Federal IDR Operations Proposed Rules - II. Overview of the Final Rules—Departments of the Treasury, Labor, and HHS - A. Definition of Bundled Payment Arrangement - B. Use of CARCs and RARCs - 1. Existing Payment Communication Practice and Requirements - 2. Requiring CARCs and RARCs To Improve Communication Between Parties - a. In General - b. Application to Items and Services Not Subject to No Surprises Act Surprise Billing Requirements - c. Use of Guidance - d. Technical and Operational Considerations - e. Additional CARCs and RARCs - f. Applicability to Paper and Electronic Remittance Advice - g. Enforcement of CARC and RARC Requirement - C. Information To Be Shared About the QPA - D. Open Negotiation and Initiation of the Federal IDR Process - 1. Open Negotiation - a. Determination of Payment Amount Through Open Negotiation - b. Open Negotiation Response Notice - c. Open Negotiation Notice Content - d. Open Negotiation Response Notice Content - e. Technical Amendments - f. Implementation of Open Negotiation Through the Federal IDR Portal - 2. Changes to the Initiation of the Federal IDR Process - a. Notice of IDR Initiation - b. Notice of IDR Initiation Response - 3. Manner of Notices - E. Federal IDR Process Following Initiation - 1. Certified IDR Entity Selection and Eligibility Determinations - a. Certified IDR Entity Selection - i. Preliminary Selection of the Certified IDR Entity - ii. Final Selection of the Certified IDR Entity and Certified IDR Entity Conflict-of-Interest Review - b. Federal IDR Process Eligibility Review - i. Federal IDR Process Eligibility Determination by Certified IDR Entity - ii. Departmental Eligibility Review for Federal IDR Process Eligibility Determinations - iii. Application of the Departmental Eligibility Review and Notification Regarding Applicability of the Departmental Eligibility Review - c. Request for Additional Information - d. Authority To Continue Negotiations or Withdraw - i. Authority To Continue to Negotiate - ii. Withdrawals - 2. Treatment of Batched Items and Services and Bundled Payment Arrangements - a. Treatment of Batched Items and Services - i. Line-Item Limit for Batched Items and Services - ii. Batched Items and Services Must Be Billed by the Same Provider, Facility, or Provider of Air Ambulance Services - iii. Batched Items and Services Must Be Paid by the Same Plan or Issuer - iv. Batched Items and Services Must Be Related to the Treatment of a Similar Condition - A. Items and Services Are Considered To Relate to the Treatment of a Similar Condition if They Are Furnished To a Single Patient During the Same Patient Encounter - B. Items and Services Are Considered To Relate to the Treatment of a Similar Condition if They Are Furnished to One or More Patients and Are Billed Under the Same or Comparable Service Code - C. Anesthesiology, Radiology, Pathology, and Laboratory Items and Services Are Considered To Relate to the Treatment of a Similar Condition If They Are Furnished to One or More Patients and Are Billed Under Service Codes Belonging to the Same Category I CPT Code Ranges, as Specified in Guidance - v. Batched Items and Services Must Have Been Furnished Within the Same Time Period - b. Treatment of Bundled Payment Arrangements - 3. Administrative and Certified IDR Entity Fee Collection - a. Establishment of the Administrative Fee Amount - i. Administrative Fee Methodology—Estimated Total Number of Administrative Fees Paid - ii. Administrative Fee Methodology—Estimated Expenditures - iii. Administrative Fee Amount - b. Time of Collection of Certified IDR Entity Fee and Administrative Fee - i. Time of Collection of Administrative Fee - ii. Time of Collection of Certified IDR Entity Fee - c. Manner of Administrative Fee Collection - d. Application of Federal IDR Process Requirements in Circumstances Involving a Failure To Pay Certified IDR Entity Fees or Administrative Fees - i. Application of Federal IDR Process Requirements in Circumstances Involving a Failure To Pay Certified IDR Entity Fees - ii. Application of Federal IDR Process Requirements in Circumstances Involving a Failure To Pay Administrative Fees - e. Administrative Fee Structure for Disputing Parties in Low-Dollar Disputes - f. Administrative Fee Structure for Non-Initiating Parties in Ineligible Disputes - 4. Payment Determination - a. Submission of Offers Deadline - b. Payment Determination and Notification Deadline - 5. Extension of Time Periods for Extenuating Circumstances - F. Federal IDR Process Registration of Group Health Plans, Health Insurance Issuers, and Federal Employees Health Benefits Carriers - G. Transparency Regarding In-Network and Out-of-Network Deductibles and Out-of-Pocket Limitation - H. Applicability - 1. Applicability Dates - a. Definition of Bundled Payment Arrangement - b. Use of CARCs and RARCs - c. Information To Be Shared About the QPA - d. Definition of Batched Qualified Items and Services - e. Open Negotiation, Initiation, Certified IDR Entity Selection, Authority to Continue Negotiations, Withdrawals, Eligibility, Batching, Submission of Offers and Payment Determination, Extensions - f. Administrative and Certified IDR Entity Fee Collection - g. Federal IDR Registry - 2. Applicability of Surprise Billing Protections To Ground Ambulance Services - III. Severability - IV. Overview of the Proposed Rules—Office of Personnel Management - V. Economic Impact and Paperwork Burden - A. Summary - B. Executive Orders 12866, 13563, and 14192 - C. Need for Regulatory Action - D. Summary of Impacts and Accounting Table - 1. Benefits - a. Use of Claim Adjustment Reason Codes and Remittance Advice Remark Codes - b. Information To Be Shared About the QPA - c. Open Negotiation - d. Initiating the Federal IDR Process and Notice of IDR Initiation - e. Certified IDR Entity Selection - f. Federal IDR Process Eligibility Determinations - g. Withdrawals - h. Treatment of Batched Items and Services - i. Extension of Time Periods for Extenuating Circumstances - j. Registration of Group Health Plans and Health Insurance Issuers - k. Reduction in Ineligible Disputes - 2. Costs - a. Required Use of CARCs and RARCs - b. Information To Be Shared About the QPA - c. Open Negotiation - d. Initiating the Federal IDR Process and Notice of IDR Initiation - e. Certified IDR Entity Selection - f. Federal IDR Eligibility Determinations - g. Withdrawals - h. Treatment of Batched Items and Services - i. Administrative and Certified IDR Entity Fee Collection - 1. Establishment of the Administrative Fee Amount and Methodology - 2. Time of Collection of Certified IDR Entity Fee - 3. Application of Federal IDR Process Requirements in Circumstances Involving a Failure To Pay Certified IDR Entity Fees or Administrative Fees - j. Extension of Time Periods for Extenuating Circumstances - k. Registration of Group Health Plans and Health Insurance Issuers - 3. Transfers - a. Administrative and Certified IDR Entity Fee Collection - 1. Establishment of the Administrative Fee Amount and Methodology - 2. Time of Collection of Certified IDR Entity Fee - 3. Application of Federal IDR Process Requirements in Circumstances Involving a Failure To Pay Certified IDR Entity Fees or Administrative Fees - 4. Uncertainties - 5. Regulatory Review Cost Estimation - E. Regulatory Alternatives - 1. Required Use of CARCs and RARCs (26 CFR 54.9816-6A, 29 CFR 2590.716-6A, and 45 CFR 149.100) - 2. Open Negotiation Provision Changes (26 CFR 54.9816-8(b)(1), 29 CFR 2590.716-8(b)(1), and 45 CFR 149.510(b)(1)) - 3. Changes to the Initiation of the Federal IDR Process and the Notice of IDR Initiation (26 CFR 54.9816-8(b)(2), 29 CFR 2590.716-8(b)(2), and 45 CFR 149.510(b)(2)) - 4. Certified IDR Entity Selection (26 CFR 54.9816-8(c)(1), 29 CFR 2590.716-8(c)(1), and 45 CFR 149.510(c)(1)) - 5. Federal IDR Eligibility Determinations (26 CFR 54.9816-8(c)(2)(ii), 29 CFR 2590.716-8(c)(2)(ii), and 45 CFR 149.510(c)(2)(ii)) - 6. Withdrawals (26 CFR 54.9816-8(c)(3), 29 CFR 2590.716-8(c)(3), and 45 CFR 149.510(c)(3)) - 7. Treatment of Batched Items and Services (26 CFR 54.9816-8(c)(4), 29 CFR 2590.716-8(c)(4), and 45 CFR 149.510(c)(4)) - 8. Administrative and Certified IDR Entity Fee Collection (26 CFR 54.9816-8(d), 29 CFR 2590.716-8(d), and 45 CFR 149.510(d)) - 9. Extension of Time Periods for Extenuating Circumstances (26 CFR 54.9816-8(g), 29 CFR 2590.716-8(g), and 45 CFR 149.510(g)) - 10. Registration of Group Health Plans and Health Insurance Issuers (26 CFR 54.9816-9, 29 CFR 2590.716-9, and 45 CFR 149.530) - F. Paperwork Reduction Act - 1. Wage Estimates - 2. Annual Estimates of Disputes Used in the Paperwork Reduction Act Analyses - 3. ICRs Regarding Information to be Shared About the QPA (26 CFR 54.9816-6(d), 29 CFR 2590.716-6(d), and 45 CFR 149.140(d)) - 4. ICRs Regarding Open Negotiation (26 CFR 54.9816-8(b)(1), 29 CFR 2590.716-8(b)(1), and 45 CFR 149.510(b)(1)) - 5. ICRs Regarding Initiating the Federal IDR Process and the Notice of IDR Initiation (26 CFR 54.9816-8(b)(2), 29 CFR 2590.716-8(b)(2), and 45 CFR 149.510(b)(2)) - a. Notice of IDR Initiation and Notice of IDR Initiation Response - b. Preliminary Selection of the Certified IDR Entity - 6. ICRs Regarding Federal IDR Eligibility Determinations (26 CFR 54.9816-8(c), 29 CFR 2590.716-8(c), and 45 CFR 149.510(c)) - 7. ICRs Regarding Withdrawals (26 CFR 54.9816-8(c)(3)(ii), 29 CFR 2590.716-8(c)(3)(ii), and 45 CFR 149.510(c)(3)(ii)) - 8. ICRs Regarding Administrative and Certified IDR Entity Fee Collection (26 CFR 54.9816-8(d), 29 CFR 2590.716-8(d), and 45 CFR 149.510(d)) - 9. ICRs Regarding Extension of Time Periods for Extenuating Circumstances (26 CFR 54.9816-8(g), 29 CFR 2590.716-8(g), and 45 CFR 149.510(g)) - 10. ICRs Regarding Registrat [Truncated]
Analysis by Therapy Companion AI policy engineConfidence: highAnalyzed: June 26, 2026

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