Fulcrum Insights/Regulatory Analysis

No Surprises Act: Three Years of IDR Data

The Federal IDR process was built for a trickle of disputes and got a flood. Three years in, the data tells hospital-based groups where the leverage actually sits.

When the No Surprises Act's Federal Independent Dispute Resolution (IDR) process launched in 2022, regulators projected a modest number of disputes. Actual volume ran orders of magnitude higher, overwhelming the system and generating years of litigation over how the qualifying payment amount (QPA) should be weighed. Three years of public-use data now offer real signal for emergency medicine, radiology, anesthesiology, and pathology groups. This brief distills it.

Focus
No Surprises Act / IDR
Audience
EM, radiology, anesthesia, pathology
Read
7 min
Prepared
2026

A system built for a trickle, hit by a flood

Federal regulators initially estimated the IDR portal would handle roughly seventeen thousand disputes a year. Actual submissions ran vastly higher — hundreds of thousands per quarter — creating enormous backlogs and eligibility-review bottlenecks, per CMS's public IDR reporting. The sheer volume, concentrated among a relatively small number of high-frequency initiating parties, has been the defining operational fact of the program.

So What

IDR volume is dominated by a small number of sophisticated filers. The groups winning are the ones treating IDR as a repeatable, evidence-driven process — not a case-by-case reaction.

What the outcomes data shows

Across the public-use data, providers have prevailed in a substantial majority of resolved determinations, and winning offers have frequently exceeded the QPA — a pattern reinforced by court decisions that rejected rules giving the QPA presumptive weight. The takeaway is not that IDR is easy money; it is that a well-prepared offer, supported by the right evidence, wins more often than the QPA alone would predict.

Illustrative Federal IDR pattern, cumulative through recent reporting
MetricIllustrative patternImplication
Dispute volumeFar above CMS projectionsBacklogs; timing risk
Provider win rateMajority of resolved casesPreparation pays
Winning offers vs QPAOften above QPAQPA is a floor to argue past, not a ceiling
ConcentrationFew high-frequency filersScale and process matter

Illustrative synthesis of publicly reported CMS/DOL IDR data; validate current figures before relying on them.

Where the leverage sits now

How Fulcrum Helps

Turning three years of IDR data into a repeatable win rate

Fulcrum Health Partners provides QPA analysis, out-of-network strategy, and arbitration support for hospital-based groups navigating the Federal IDR process.

Run IDR like the filers who win.

We bring QPA analysis, evidence, and process discipline to the Federal IDR fight. Reach the Fulcrum team to schedule a No Surprises Act / IDR review.

About this article. Prepared by Fulcrum Health Partners as an educational summary. Figures attributed to public sources (CMS, KFF, MedPAC, RAND, DOL) reflect the most recent data available at the time of writing; figures labeled illustrative are directional and should be validated against your own contract and claims data before use. This document is not legal, reimbursement, tax, or actuarial advice. © 2026 Fulcrum Health Partners.

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