8-07-23 Update: TMA IV Ruling – How to Proceed

Effective August 7, 2023, the Departments have directed certified IDR entities to resume processing single and bundled disputes where the administrative fees have been collected (or the deadline for collecting fees expired) before August 3, 2023. Additionally, the Departments have directed certified IDR entities to resume processing batched disputes where the IDR entity determined that the batched dispute was eligible and collected administrative fees (or the deadline for collecting fees expired) before August 3, 2023. Processing of other disputes remains temporarily suspended.

Disputes that do not fall under these categories will not be accessible to the IDR entities.

Since not all disputes are accessible the following services will be limited:

• Status Updates – FHAS will only be able to give status updates for cases that we have access to in CMS.
• Sending New Links – FHAS will not be able to trigger new or old links unless a payment is due before August 3, 2023 giving us access to the dispute.
• Determining Eligibility – FHAS will continue to accept additional documentation that we requested; however, we are unable to request your offer and payment at this time.
• Determinations – Determinations can be made on:
  • Open previously determined eligible batched disputes where admin fees have been collected from both parties and updated in the portal prior to 8/3 OR if the payment deadline has expired prior to 8/3 and one party has paid.
  • Open single and bundled disputes where admin fees have been collected from both parties and updated in the portal prior to 8/3 OR if the payment deadline has expired prior to 8/3 and at least one party has paid.
• Closing Disputes for Ineligibility – FHAS can still close a dispute for ineligibility IF we have access to the dispute.
• Withdrawals and Settlements – FHAS will continue to withdraw and settle disputes IF we have access to the dispute.

Other updates of note include:

• At this time, certified IDR entities will be restricted from editing closed disputes.
• The Departments also granted disputes in the Notice of Offer phase of the federal IDR process a three-business day extension to submit Notice of Offer webforms. The CMS IT team is working to update due dates in the federal IDR portal; this will not be the entities responsibility.  

FHAS will continue to update you as we find out more information. If you need further guidance reply to this email or give us a call!

Thank you