8-10-23: FAQs for TMA IV Ruling – How to Proceed

The entities have not received an update today from CMS regarding the TMA IV ruling.

However, FHAS thought it would be helpful to send some frequently asked questions!

If I had an offer requested prior to the portal outage and it is due this week – do I submit my offer and payment?

• Yes, as of 8/08/2023 parties have been able to submit offers for disputes requested prior to the portal outage – and you are encouraged to submit timely!

Do I make the payment amount listed on my invoice, $50, or not make the payment at all?

• Please pay the $50 Admin fee along with the entity fee that corelates to the claim type of your dispute. FHAS is unable to send new invoices with the admin fee listed as $50, however on our website the only payment you can make is a $50 admin fee.

If I missed my offer deadline due to the portal outage, can FHAS send a new link?

• CMS released the following statement to parties affected by the portal outage:

Attention,

Due to the TMA IV court order on 08/03/2023, disputing parties may not have been able to submit their IDR Notice of Offer web form. Our records indicate that you are party in a dispute impacted by this unplanned system downtime.

 This system is back online and accessible. The Departments have granted a 3-business day extension for disputing parties of impacted disputes where the Notice of Offer due date was 8/03/2023, 8/04/2023 or 8/07/2023 to access the IDR Notice of Offer web form to complete your submission.  

• CMS will send new links for the disputes affected – it is not the entities responsibility to send the new links. Furthermore, we cannot access most of these disputes at this time. [Note the only dates affected were 8/03/2023, 8/04/2023, and 8/07/2023]

If I missed my offer deadline due to the portal outage, can I submit it through email?

• No, do not send your offer through email. FHAS has been receiving an increasing amount of offers submitted to IDRE@fhas.com. We are disregarding these emails, as you will receive an extension from CMS to submit your offer through the portal.

If you have any further questions reach out to FHAS at IDRE@fhas.com or call us at (570)779-5122 and ask for our IDR department.

Just a reminder of current CMS guidelines related to the TMA IV Ruling

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.

As of 8/9/2023 IDR entities now have access to open single and bundled disputes from 2022 (these disputes are subject to the 2022 $50 administrative fee).

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 was made 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.

Also, if you are making payments to FHAS you may have noticed you are unable to pay the $350 Admin fee listed on your invoice. Still continue to make payments timely – but do so with the $50 Admin fee.

FHAS will continue to update as we find out more information. If you need further guidance give us a call at (570)-779-5122 and ask for our IDR department!