[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 [www.gpo.gov]
[FR Doc No: 2024-01072]


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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.

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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 https://www.regulations.gov. 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 (https://www.opm.gov/healthcare-insurance/healthcare/). 
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 (www.dol.gov/agencies/ebsa). 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 
(https://www.cms.gov/marketplace), information on health care reform 
can be found at https://www.healthcare.gov, and information on surprise 
medical bills can be found at https://www.cms.gov/nosurprises.

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