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Federal NSA
State process + Federal NSA

🗺 Click any state on the map to see jurisdiction details, applicable laws, and award potential.

What Is the No Surprises Act, and Why It Matters for You

The federal No Surprises Act (NSA), effective January 1, 2022, shifted the out-of-network payment dispute away from the patient and directly between you and the insurer, through a binding federal arbitration process called Independent Dispute Resolution (IDR).

When an insurer underpays for emergency or inadvertent out-of-network care, you now have a federal pathway to challenge it. A neutral, CMS-certified arbitrator reviews both sides and issues a binding, enforceable decision.

The problem: strict deadlines, complex documentation requirements, and insurers using artificially low QPAs as anchors, knowing most providers won't push back effectively.

⚠ The hidden trap: Once the 4-business-day IDR filing window closes after failed open negotiation, you lose all recourse permanently. Many practices have shut down because of missed deadlines they didn't know existed.
"Insurers are banking on providers not being prepared to challenge underpayments on time, and they've dramatically cut reimbursement rates as a result."

Federal IDR Process Timeline

1

Initial Payment Issued

Insurer sends initial payment (typically near QPA). You have 30 business days to request open negotiation.

2

Open Negotiation (30 Business Days)

Either party initiates formal negotiation. Most insurers stall, betting you'll give up.

!

⚡ IDR Initiation: 4 Business Days

If negotiation fails, you must file through the federal IDR portal within 4 business days. Missing this forfeits your claim forever.

4

IDR Entity Assignment (3 Days)

Parties jointly select or are assigned a CMS-certified arbitration entity.

5

Offer & Evidence Submission (10 Days)

Both parties submit their best offer and supporting documentation. Evidence quality is decisive.

6

Binding Determination + Enforcement

Arbitrator selects one offer. Per AFHC data, 52% of awarded amounts are never paid; 49% of payments are late. Post-award enforcement is essential.

Federal NSA

Federal IDR (All 50 States)

QPA+
Arbitrators must heavily weight the QPA set by the insurer
  • QPA is primary benchmark, but challengeable with evidence
  • Submit complexity, market rates, and provider credentials
  • Awards often exceed QPA with strong evidence package
  • Insurers frequently low-set QPAs to suppress awards
  • Effective for high-volume recovery across all states
New York State

NY Surprise Billing Law

80th Percentile+
Arbitrators guided toward 80th percentile of billed charges (FAIR Health)
  • Applies to fully insured NY plans
  • 3-year lookback, 2022 claims may still qualify
  • Awards based on billed charges, not in-network rates
  • Frequently many multiples of initial insurer payment
  • Among the most provider-favorable standards nationally
New Jersey State ★ Highest Potential

NJ Surprise Billing Law

9x
Mean arbitration awards 9x higher than median in-network rates
  • 31% of NJ cases awarded at more than 10x in-network rate
  • Mean awards 12.8x Medicare rates in studied data
  • 80th percentile of billed charges as benchmark
  • Baseball-style: arbitrator picks one side in full
  • Single trauma case can yield $50K–$100K+
All 50 states covered under Federal NSA (effective Jan 1, 2022). NY & NJ state law applies to fully-insured state plans in addition. Sources: Health Affairs peer-reviewed study on NJ surprise billing; Brookings Institution analysis of NY IDR data.

Built for Every Out-of-Network Provider

If you've delivered emergency or inadvertent out-of-network care, you likely have recoverable revenue, possibly from years ago.

End-to-End NSA Recovery: Not Just Software

Every capability is backed by our proprietary legal framework and in-house attorneys.

From Underpaid Claim to Recovered Revenue

NSA Recovery manages the entire lifecycle, you focus on patients, we handle everything else.

Key Federal Deadlines: Open Negotiation request within 30 business days of initial payment or denial → IDR filing within 4 business days of failed negotiation → Evidence submission within 10 business days of IDR entity assignment. NSA Recovery tracks all of these automatically.

Winning Isn't Enough. You Have to Collect.

An AFHC survey of more than 48,000 physicians across 45 states found that after the IDR process concludes, payers routinely fail to comply with arbitration decisions. Most firms declare victory at the award and move on, leaving the majority of your money on the table.

NSA Recovery pursues full collection on every award as a standard part of our service.

What Sets Us Apart From Every Other Option

Most NSA services are billing companies using software, or law firms without scalable technology. NSA Recovery is built around a proprietary legal framework with in-house attorneys at every stage.

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