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B-335846 Jan 05, 2024 1 (2024-01-05)

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                     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-335846


January 5, 2024

The Honorable Bernard Sanders
Chairman
The Honorable Bill Cassidy
Ranking Member
Committee  on Health, Education, Labor, and Pensions
United States Senate

The Honorable Virginia Foxx
Chairwoman
The Honorable Bobby  Scott
Ranking Member
Committee  on Education and the Workforce
House  of Representatives

Subject: Department of the Treasury, Internal Revenue Service; Department of Labor,
         Employee Benefits Security Administration; Department of Health and Human
         Services: Federal Independent Dispute Resolution (IDR) Process Administrative Fee
         and Certified IDR Entity Fee Ranges

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major
rule promulgated by the Department of the Treasury, Internal Revenue Service; Department of
Labor, Employee Benefits Security Administration; and the Department of Health and Human
Services (the Departments) entitled Federal Independent Dispute Resolution (IDR) Process
Administrative Fee and Certified IDR Entity Fee Ranges (RINs: 0938-AV39, 1210-AC24, and
1545-BQ94).  We  received the rule on December 27, 2023. It was published in the Federal
Register as final rules on December 21, 2023. 88 Fed. Reg. 88494. The stated effective date is
January 22, 2024.

The final rule relates to fees for the federal independent dispute resolution (IDR) process, as
established by the No Surprises Act of the Consolidated Appropriations Act, 2021, Pub. L.
No. 116-260, 134 Stat. 1182, div. BB § 109 (Dec. 27, 2020). Specifically, the final rule amends
existing regulations to provide that the administrative fee amount charged by the Departments
to participate in the federal IDR process, and the ranges for certified IDR entity fees for single
and batched determinations, will be set by the Departments through notice and comment
rulemaking. The final rule also finalizes the amount of the administrative fee for disputes
initiated on or after the effective date of the rule. Additionally, the final rule finalizes the certified
IDR entity fee ranges for disputes initiated on or after the effective date of the final rule.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The Congressional Record does not yet reflect
receipt by the Senate, but the Departments provided documentation showing receipt by both

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