Navigating Air Ambulance Underpayments, Denials, Open Negotiation Period (ONP) and Independent Dispute Resolution (IDR) Process: Part III

Appeals ONP

Written by: Krystal Woodmore, CPC, CAC

Your appeal was unfavorable, and you were unable to negotiate a reimbursement rate with the payor through ONP. What now?

When traditional methods of resolving payment disputes fail, the IDR process can be a valuable tool for providers seeking fair compensation. Navigating the IDR process effectively requires preparation, documentation, and a deep understanding of both payor policies and the IDR system itself. Here’s a guide to help you succeed when taking air ambulance claims through the IDR process.

What is the IDR Process?

The IDR process is a legal mechanism created under the No Surprises Act to resolve billing disputes between healthcare providers and insurance payors when negotiations break down. It provides a neutral third party (the arbitrator) who evaluates both sides of the dispute and determines the appropriate payment amount.

Steps to Success in the IDR Process

1. Understand Eligibility for the IDR Process

Before initiating the IDR process, confirm whether your air ambulance claim qualifies. Generally, the IDR process can be used when there is a dispute over payment for out-of-network services, including air ambulance transports. It’s also crucial to ensure that your claim fits within the guidelines of the No Surprises Act, such as disputes involving emergency medical services that patients couldn’t reasonably plan for.

2. Gather Complete Documentation

Comprehensive and accurate documentation is essential for success in the IDR process. Gather all supporting documents that will strengthen your case, including:

  • Medical Necessity Documentation: Clearly demonstrate why air ambulance transport was medically necessary. Include detailed clinical notes from the transport, such as patient condition, treatment provided, and the medical rationale for air transport versus ground transport.
  • Billing Details: Provide itemized billing with clear explanations of the charges, including details about the mileage, medical equipment used, and the level of care provided during the transport.
  • Preliminary Communications: Any emails, letters, or records of conversations between you and the payor regarding the claim should be included. This helps illustrate your efforts to resolve the dispute before initiating the IDR process.

3. Submit a Strong Initial Offer

In the IDR process, both the provider and the payor will submit their payment offers to the arbitrator. Carefully evaluate the market data, historical payments for similar services, and Medicare rates to craft a fair and reasonable offer. It’s important to strike a balance between justifying the high cost of air ambulance services and demonstrating why your offer is more appropriate than the payors.

4. Provide Clear Justifications for Your Offer

In your submission to the arbitrator, provide clear and concise justifications for your payment request. Focus on key factors that strengthen your position:

  • Medical Necessity and Urgency: Emphasize the urgency of the patient’s condition and the necessity of air transport. For example, if ground transport wasn’t feasible or if air transport saved valuable time that could affect the patient’s outcome, be sure to highlight this.
  • Cost of Operations: Detail the costs associated with providing air ambulance services, including aircraft maintenance, crew salaries, medical equipment, and regulatory compliance. The arbitrator needs to understand why these services are significantly more expensive than traditional ground transport.
  • Market Data: Use data from other out-of-network payments, geographic factors, and comparable claims to show that your charges are in line with industry standards.

5. Address Payor’s Counterarguments

Be prepared to address any arguments the payor might make in their submission. Payors often argue against high charges for air ambulance services by claiming the service wasn’t necessary or that their payment offer aligns with Medicare or industry benchmarks. Anticipating these arguments and preparing rebuttals can significantly strengthen your case. For example:

  • Payor’s Payment Offer is Too Low: Highlight the inadequacy of the payor’s offer, particularly if it’s based on outdated or irrelevant data (like Medicare rates, which don’t typically reflect market realities for air ambulance services).
  • Payor Disputes Medical Necessity: If the payor questions the medical necessity of the transport, be ready to present detailed clinical documentation and the medical judgment of the treating physician.

6. Engage Experts and Legal Support

If you’re facing a particularly complex case or dealing with high-dollar disputes, consider involving legal or industry experts who specialize in ambulance billing and the IDR process. Their knowledge can be invaluable in helping you craft a compelling submission and navigating the intricacies of the dispute resolution system.

7. Follow IDR Timelines Closely

The IDR process is time-sensitive, and missing key deadlines can result in losing your right to pursue the claim through IDR. Make sure you are fully aware of the specific timelines associated with the IDR process, including submission deadlines, response windows, and decision timelines. Stay organized and ensure that your submissions are made well before deadlines to avoid any last-minute issues.

8. Leverage IDR Results for Future Negotiations

A successful outcome in the IDR process can provide leverage in future negotiations with payors. If your claims are consistently successful through IDR, payors may be more willing to settle payment disputes earlier in the process to avoid arbitration. Use your IDR victories as proof that your charges are fair and justified, which can reduce the need for future disputes.

The IDR process provides air ambulance providers with a powerful tool to secure fair reimbursement when payors underpay or deny claims. Success in this process hinges on thorough preparation, clear documentation, and a strategic approach to crafting your payment offer. By following the steps outlined above, air ambulance providers can increase their chances of winning disputes and recovering the compensation they deserve for their services.

Staying proactive, engaging in detailed documentation practices, and understanding the nuances of payor policies will not only help you succeed in IDR but also lead to smoother reimbursement processes in the future.