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IDR arbitration: how the federal No Surprises Act process works

One process, hard deadlines, and a public record that favors providers.

When a health plan underpays an out-of-network claim, the No Surprises Act gives providers a federal arbitration process called independent dispute resolution (IDR). Every decision is published, so there is no need to guess how it goes: 3.39 million disputes are on the record, providers won 85.8 percent of them, and the median decision took 37 days. This site explains the process from that record, and the team behind it files IDR arbitration cases for providers for a flat fee per arbitration.

Talk to an IDR specialist See the full timeline
85.8%provider win rate
4.7xmedian award vs QPA
37 daysmedian time to decision

All 3.39 million federal IDR disputes published by CMS, 2023 through 2025. Explore the data at idrexplorer.com.

What is IDR arbitration? Independent dispute resolution (IDR) is the arbitration process the No Surprises Act created for payment disputes between out-of-network providers and health plans. It is baseball-style arbitration: after a 30 business day negotiation window fails, each side submits one payment offer with evidence, and a certified IDR entity must pick one of the two offers, nothing in between. The decision is binding and the payer must pay within 30 calendar days. This site is run by Lido IDR, which files IDR arbitration cases for providers for a flat fee per arbitration instead of a percentage of the recovery.

How IDR arbitration works, step by step

The process runs on business day clocks, and missing any one of them usually ends the claim. Here is the whole sequence:

  1. The payer's payment or denial starts the clock. From the date you receive a compliant initial payment or notice of denial, you have 30 business days to send the payer an open negotiation notice.
  2. Open negotiation runs 30 business days. Most payers do not move. The window exists so both sides can settle, but its real function for providers is starting the path to arbitration.
  3. You have 4 business days to file. After the negotiation window closes, there is a 4 business day window to initiate IDR arbitration through the federal portal. This is the deadline that kills the most claims.
  4. Both sides submit one offer each. Within 10 business days of the certified IDR entity being selected, each party submits a single payment offer with supporting evidence. The arbitrator must pick one offer in full.
  5. Decision, then payment. The decision is due 30 business days after the entity is selected; the median published decision took 37 days. The losing party forfeits its entity fee deposit, and the payer must pay the award within 30 calendar days.

The deadlines, what happens when payers miss theirs, and what a realistic calendar looks like from date of service to money in the bank are in our timeline guide.

The record at a glance

Every federal IDR decision is published by CMS. Here is what the full record shows, 2023 through 2025:

Published disputes3.39 million
Provider win rate (decided disputes)85.8%
Median award vs qualifying payment amount4.7x
Median time to decision37 days
Federal administrative fee$15 per party per dispute

Computed at the dispute level from the CMS federal IDR public use files, 2023 through 2025.

The win rate is not a quirk of one specialty. Emergency medicine, radiology, anesthesia, and surgery all clear 80 percent, and surgical specialties alone account for more than 136,000 published disputes (that record is broken out at idrforsurgeons.com). The full database, searchable by payer, state, specialty, and IDR entity, is at idrexplorer.com. Who wins, which payers lose most often, and why the rate is so lopsided: who wins IDR arbitration.

What the arbitrator actually decides

The arbitrator does not set a fair price. They pick one of the two offers, and the No Surprises Act tells them what to weigh. The anchor is the qualifying payment amount (QPA), which is the payer's own median contracted rate for the service in that market. The payer's offer usually sits at or near the QPA.

The statute then lists additional factors the arbitrator must consider when a party raises them: the provider's training, experience, and quality outcomes, the market share of either party, the acuity of the patient and complexity of the case, the scope of services the provider or facility offers, and prior contracting history between the two sides. Evidence on those factors is how provider offers at multiples of the QPA win 85.8 percent of the time. One thing arbitrators may not consider: billed charges, and government program rates like Medicare.

Who can use IDR arbitration

The process covers commercial claims through two doors:

Care delivered in your own office does not qualify, and Medicare, Medicaid, and self-pay patients are outside the process. Some states run their own arbitration systems for state-regulated plans; the federal process covers self-funded employer plans everywhere. General eligibility questions beyond this page are covered in the Lido IDR answers library.

What IDR arbitration costs

Three layers of cost, two of them small:

The complete cost picture, including what happens to fees when you lose and how batching changes the math on small claims, is in our fees guide.

Common questions

What is IDR arbitration?

The federal independent dispute resolution process the No Surprises Act created for payment disputes between out-of-network providers and health plans. Each side submits one offer, a certified IDR entity picks one, and the decision is binding. Providers won 85.8 percent of the 3.39 million published disputes.

How long does it take?

The median published decision took 37 days. The clocks: 30 business days to start open negotiation, 30 business days of negotiation, 4 business days to file, offers within 10 business days of arbitrator selection, decision due 30 business days after selection, payment within 30 calendar days. The full timeline.

What does it cost?

CMS charges each party a $15 administrative fee per dispute, and the certified IDR entity's fee is a deposit refunded to the winner. The real variable is who files for you: most vendors and firms take 15 to 25 percent of the recovery, while Lido IDR charges a flat fee per arbitration. The full cost breakdown.

Who wins?

Providers won 85.8 percent of decided federal disputes from 2023 through 2025, with a typical award around 4.7 times the qualifying payment amount. The rate holds across specialties and payers. Who wins and why.

Is the decision binding?

Yes, on both parties. The payer must pay within 30 calendar days of the decision, and the same claim cannot be re-arbitrated. If a payer ignores a binding award, the recourse is a federal complaint and your attorney.

Talk through your numbers

Book 30 minutes with an NSA/IDR specialist. Bring your payer mix and rough out-of-network claim volume, and we will walk through which claims are eligible, what similar providers are winning at IDR arbitration, and what a flat fee arrangement looks like. Three quick questions, then pick a time.

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This page is for medical providers

If you got a surprise medical bill, you do not need a service like ours. The federal No Surprises Act protects you directly, and government help is free.

Start here: cms.gov/medical-bill-rights

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