Proposed Rule2024-01072
Federal Independent Dispute Resolution Operations; Reopening of Comment Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 22, 2024
Effective
November 3, 2023
Issuing agencies
Personnel Management OfficeTreasury DepartmentInternal Revenue ServiceLabor DepartmentEmployee Benefits Security AdministrationHealth and Human Services DepartmentCenters for Medicare & Medicaid Services
Abstract
This document reopens the comment period for the proposed rules entitled "Federal Independent Dispute Resolution Operations" that appeared in the November 3, 2023, issue of the Federal Register. The comment period for the proposed rules, which closed on January 2, 2024, is reopened from January 22, 2024 to February 5, 2024.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 14 (Monday, January 22, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Proposed Rules]
[Pages 3896-3897]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01072]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 890
RIN 3206-AO48
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[REG-122319-22]
RIN 1545-BQ55
DEPARTMENT OF LABOR
Employee Benefits Security Administration
29 CFR Part 2590
RIN 1210-AC17
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
45 CFR Part 149
[CMS-9897-N]
RIN 0938-AV15
Federal Independent Dispute Resolution Operations; Reopening of
Comment Period
AGENCY: Office of Personnel Management; Internal Revenue Service,
Department of the Treasury; Employee Benefits Security Administration,
Department of Labor; Centers for Medicare & Medicaid Services,
Department of Health and Human Services.
ACTION: Proposed rules; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: This document reopens the comment period for the proposed
rules entitled ``Federal Independent Dispute Resolution Operations''
that appeared in the November 3, 2023, issue of the Federal Register.
The comment period for the proposed rules, which closed on January 2,
2024, is reopened from January 22, 2024 to February 5, 2024.
DATES: The comment period for the proposed rules published November 3,
2023, at 88 FR 75744, is reopened. To be assured consideration,
comments must be received at one of the addresses provided below, no
later than February 5, 2024.
ADDRESSES: Written comments may be submitted to the addresses specified
below. Any comment that is submitted will be shared among the
Department of the Treasury, the Department of Labor, the Department of
Health and Human Services (the Departments), and the Office of
Personnel Management. Please do not submit duplicates.
Comments will be made available to the public. Warning: Do not
include any personally identifiable information (such as name, address,
or other contact information) or confidential business information that
you do not want publicly disclosed. All comments are posted on the
internet exactly as received and can be retrieved by most internet
search engines. No deletions, modifications, or redactions will be made
to the comments received, as they are public records. Comments may be
submitted anonymously.
In commenting, please refer to file code RIN 0938-AV15. Because of
staff and resource limitations, the Departments cannot accept comments
by facsimile (FAX) transmission.
Comments, including mass comment submissions, must be submitted in
one of the following three ways (please choose only one of the ways
listed):
1. Electronically. You may submit electronic comments on this
regulation to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the ``Submit a
comment'' instructions.
2. By regular mail. You may mail written comments to the following
address ONLY: Centers for Medicare & Medicaid Services, Department of
Health and Human Services, Attention: CMS-9897-P, P.O. Box 8016,
Baltimore, MD 21244-8016.
Please allow sufficient time for mailed comments to be received
before the close of the comment period.
3. By express or overnight mail. You may send written comments to
the following address ONLY: Centers for Medicare & Medicaid Services,
Department of Health and Human Services, Attention: CMS-9897-P, Mail
Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.
For information on viewing public comments, see the beginning of
the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Padma Babubhai Shah, Office of
[[Page 3897]]
Personnel Management, at 202-606-4056; Shira B. McKinlay, Internal
Revenue Service, Department of the Treasury, at 202-317-5500; Elizabeth
Schumacher or Shannon Hysjulien, Employee Benefits Security
Administration, Department of Labor, at 202-693-8335; Zarah Ghiasuddin
or Bryan Kirk, Centers for Medicare & Medicaid Services, Department of
Health and Human Services, at 301-492-4308.
Customer Service Information: Information from the Office of
Personnel Management (OPM) on health benefits plans offered under the
Federal Employees Health Benefits (FEHB) Program can be found on the
OPM website (<a href="https://www.opm.gov/healthcare-insurance/healthcare/">https://www.opm.gov/healthcare-insurance/healthcare/</a>).
Individuals interested in obtaining information from the Department of
Labor (DOL) concerning employment-based health coverage laws may call
the Employee Benefits Security Administration (EBSA) Toll-Free Hotline
at 1-866-444-EBSA (3272) or visit the DOL's website (<a href="http://www.dol.gov/agencies/ebsa">www.dol.gov/agencies/ebsa</a>). In addition, information from the Department of Health
and Human Services (HHS) on private health insurance coverage and
coverage provided by non-Federal governmental group health plans can be
found on the Centers for Medicare & Medicaid Services (CMS) website
(<a href="https://www.cms.gov/marketplace">https://www.cms.gov/marketplace</a>), information on health care reform
can be found at <a href="https://www.healthcare.gov">https://www.healthcare.gov</a>, and information on surprise
medical bills can be found at <a href="https://www.cms.gov/nosurprises">https://www.cms.gov/nosurprises</a>.
SUPPLEMENTARY INFORMATION: The Departments of the Treasury, Labor, and
HHS (collectively, the Departments) and the Office of Personnel
Management (OPM) published proposed rules entitled ``Federal
Independent Dispute Resolution Operations,'' which appeared in the
Federal Register on November 3, 2023 (88 FR 75744). In the proposed
rules, the Departments and OPM proposed requirements related to the
Federal independent dispute resolution (IDR) process established under
the No Surprises Act, including new requirements for disclosing
information along with the initial payment or notice of denial of
payment for certain items and services subject to the surprise billing
protections in the No Surprises Act and when initiating the Federal IDR
process and the provision of certain Claim Adjustment Reason Codes
(CARCs) and Remittance Advice Remark Codes (RARCs) with paper or
electronic remittances. Additionally, those proposed rules would define
bundled payment arrangements and would amend certain requirements
related to the open negotiation period, initiation of the Federal IDR
process, eligibility determinations, batched disputes, extensions due
to extenuating circumstances, selection of the certified IDR entity,
and the collection of administrative fees and certified IDR entity
fees. Lastly, the proposed rules would require plans and issuers to
register in the Federal IDR portal.
The Departments published the final rules entitled ``Federal
Independent Dispute Resolution Process Administrative Fee and Certified
IDR Entity Fee Ranges'' (the IDR Fees final rules), which appeared in
the Federal Register on December 21, 2023 (88 FR 88494). The IDR Fees
final rules amend 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
will be established by the Departments in notice and comment
rulemaking. The preamble to the IDR Fees final rules also sets forth
the methodology used to calculate the administrative fee and the
considerations used to develop the certified IDR entity fee ranges. The
IDR Fees final rules also finalize the amount of the administrative fee
and the certified IDR entity fee ranges for disputes initiated on or
after the effective date of the IDR Fees final rules.
In addition, the preamble to the IDR Fees final rules addresses how
changes in that rulemaking relate to the proposals contained in the
Federal Independent Dispute Resolution Operations proposed rules, for
which the comment period closed on January 2, 2024. To provide
additional time for interested parties to consider and comment on any
implications of the IDR Fees final rules, the Departments and OPM are
reopening the comment period on the Federal Independent Dispute
Resolution Operations proposed rules for all comments from January 22,
2024 to February 5, 2024. To be assured consideration, comments on the
proposed rules must be received no later than February 5, 2024.
Laurie Bodenheimer,
Associate Director, Healthcare and Insurance, Office of Personnel
Management.
Douglas W. O'Donnell,
Deputy Commissioner for Services and Enforcement, Internal Revenue
Service.
Lisa M. Gomez,
Assistant Secretary, Employee Benefits Security Administration,
Department of Labor.
Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2024-01072 Filed 1-17-24; 4:15 pm]
BILLING CODE 4120-01-P; 6325-6-P; 4830-01-P; 4510-29-P
</pre></body>
</html>Indexed from Federal Register on January 22, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.