Federal IDR · Guide
New York lets you revive claims going back three yearsA guide for surgical billing teams.
New York's surprise billing process uses baseball arbitration and references the FAIR Health 80th percentile benchmark, and it allows providers to challenge commercial payments going back three years. That lookback means claims a New York practice already wrote off as dead may still be recoverable. It is the most valuable and most overlooked angle in the state.
Old claims are not always dead.
Most practices treat an underpaid claim as a closed book once a few months pass. In New York, that instinct leaves real money on the table.
What sets New York apart.
The New York surprise billing process has two features that set it apart. It references the FAIR Health 80th percentile as a benchmark, which tends to sit well above what plans pay. And it allows providers to challenge commercial payments going back three years.
That second feature is the headline. A three year lookback means a New York surgical practice can pull claims it already wrote off, claims that are months or years old, and put them back into dispute. For a busy practice that has been absorbing underpayments, the backlog of recoverable claims can be substantial.
Plan type still comes first.
The detail that matters: this applies to fully insured commercial disputes under the New York process. Self funded plans still route to federal IDR. So the first step is always plan type. Once a claim is confirmed as eligible under the state process, the three year window turns dead claims back into recoverable ones.
Turning the lookback into a list.
The catch is that pulling three years of written off claims and checking each for eligibility by hand is a project no busy practice gets to. Sydra surfaces which of your historical New York claims still qualify, so the lookback becomes a list you can act on instead of a rule you read about.
Common questions.
Does the three year window apply to every New York claim?
It applies to commercial fully insured disputes under the New York process. Self funded plans route to federal IDR. Confirm plan type before relying on the lookback.
What makes New York different from federal IDR?
The FAIR Health 80th percentile benchmark and the long lookback. Together they create recovery opportunities that the federal timeline does not.
This page is general information about the No Surprises Act dispute process, not legal advice. Eligibility depends on the specific plan, claim, and current federal and state rules. Confirm details for your claim before filing.
Sourced references
- 1. CMS Federal IDR Q1/Q2 2025 Public Use FileReleased January 21, 2026cms.gov/nosurprises/policies-and-resources/reports
- 2. Georgetown University CHIR · Health Affairs webinarMarch 2026 — 3.4 million disputes through June 2025; 88% win rate; median award ~4.5x in network rate
- 3. Zelis — NSA IDR Eligibility ChallengesMarch 2026 — 44% of 2024 IDR cases challenged as ineligible by non initiating party
- 4. ACEP analysis of CMS data~10% of eligible claims estimated to reach IDR arbitration
- 5. Brookings Institution NSA Arbitration DatabookApril 2026brookings.edu/articles/no-surprises-act-arbitration-databook
- 6. ACR — Providers Prevail in Vast Majority of IDR ClaimsJanuary 2026 — 88% of disputes found in provider's favor; 87% of awards exceeded QPA
- 7. No Surprises Act: Public Law 116-260, Division BB, Title I
- 8. Federal IDR regulations: 45 CFR Part 149ecfr.gov/current/title-45/subtitle-A/subchapter-F/part-149
- 9. CMS No Surprises Act overviewcms.gov/nosurprises
- 10. HHS HIPAA for professionalshhs.gov/hipaa/for-professionals
Ready to see Sydra on a real denied claim?
Schedule a 15 minute walkthrough. No commitment. We show you what Sydra generates from a recent case.