The credible information that wins an anesthesia dispute is different from what wins a plastic surgery case. The QPA benchmark that applies to a radiologist differs from the one applied to an ASC. Our practice is built around these distinctions.
Baseball-style arbitration means arbitrators choose one offer. Building the right offer — and the right evidence package — requires knowing your specialty's billing patterns, CPT benchmarks, and what FAIR Health data supports your position.
Click any specialty to see the specific IDR dynamics, key CPT codes, and strategy considerations for that case type.
Plastic surgeons operating at in-network facilities with OON status routinely receive QPA-based payments that bear no relationship to the complexity of the procedure. Reconstructive procedures — breast reductions (CPT 19318), post-mastectomy reconstruction, scar revisions — often involve documentation that, when properly presented, compels arbitrators to award significantly above QPA.
NY FSL § 604 requires arbitrators to weigh provider qualifications and case complexity equally with FAIR Health UCR data. For board-certified plastic surgeons with subspecialty training, this is a significant lever. We document fellowship training, board certification, and procedural complexity in every evidence package.
NY DFS IDR has no fixed statutory filing deadline, and aged claims from prior years often remain arbitrable today. Fully-insured claims also carry up to a six-year reach for parallel breach-of-contract litigation under CPLR § 213(2), subject to contractual shortening. We audit your claim history and identify which underpaid cases remain within the window.
Under 45 CFR § 149.420(b)(1), ancillary providers — including anesthesiologists — cannot obtain patient consent waivers. You cannot balance-bill. IDR is your only path to fair reimbursement, and the 85% provider win rate reflects the strength of that path when pursued properly.
For anesthesia groups with consistent underpayment patterns, we batch claims by insurer and procedure type to reduce per-claim cost while maintaining the evidentiary quality that wins. Groups with 50+ eligible claims can achieve significant economies of scale through this approach.
Anesthesia groups that have been accepting systematically low reimbursements often have two or more years of underpaid claims still within the NY IDR window. Our initial evaluation includes a full claim history audit at no cost.
Orthopedic surgeons performing joint replacements, spine procedures, and complex trauma repairs OON are among the most frequently underpaid specialists. Insurers often apply QPA rates derived from high-volume in-network contracts that bear no relationship to the complexity of OON orthopedic work.
Board certification in orthopedic surgery with fellowship training in spine, joint replacement, or sports medicine is a material factor under FSL § 604's equal-weight framework. We build a credentials package that makes subspecialty expertise a central part of every evidence submission.
Cases involving implants (prosthetic joints, hardware) require careful separation of facility fees from professional fees. We ensure the IDR dispute targets the correct component and that implant costs are documented and attributed appropriately.
Neurosurgery has among the highest FAIR Health UCR benchmarks of any surgical specialty. The QPA for neurosurgical procedures is frequently calculated from a limited pool of in-network comparators — often understating true market rates by 50–70%. When FAIR Health 80th percentile data is presented alongside board certification and case complexity documentation, arbitrators consistently favor providers.
Emergency neurosurgical procedures are fully protected under both NY FSL Article 6 and the federal No Surprises Act regardless of insurer network status. No consent waiver is possible. IDR is always available, and the protections are absolute.
Neurosurgeons trained at academic medical centers with subspecialty focus (skull base, spine, vascular) have strong documentation arguments under the qualifications factor. We obtain and present these credentials in a format that arbitrators can assess quickly and favorably.
Radiologists and pathologists are among the most common IDR filers nationally. Because patients cannot select their radiologist or pathologist, these services are inherently ancillary — patients cannot waive surprise billing protections, and insurers cannot reduce payments below IDR outcomes.
Diagnostic imaging and pathology have well-established FAIR Health UCR benchmarks. The gap between QPA and the 80th percentile UCR for many radiology codes is substantial and consistently documentable. This predictability makes radiology and pathology disputes highly efficient to prepare.
Teleradiology groups reading studies for OON patients face unique jurisdictional questions about which state's IDR rules apply. We analyze each case individually and apply the most favorable framework — which in most cases involving New York patients is NY state IDR.
ASC facility fees and professional fees are separate claims and can be disputed independently. Many ASCs have accepted whatever the insurer paid on facility fees without realizing these are fully IDR-eligible. Facility fee disputes represent some of the highest-value cases we handle, often 3–5× the QPA on a per-claim basis.
ASC disputes require facility-specific documentation: accreditation status, equipment capabilities, average case complexity, and staffing levels. We build a facility profile that presents the ASC's operational characteristics as factors supporting the higher payment amount.
We work directly with billing managers and ASC administrators. Our process is designed to minimize disruption to your billing operations — we collect what we need up front and handle all IDR filings, deadlines, and arbitrator communications independently.
Emergency services are fully protected under both NY FSL Article 6 and the federal No Surprises Act. No consent waiver is possible for emergency care. Insurers cannot reduce emergency payments below the IDR-determined amount, and all emergency services — regardless of the insurer or plan type — are subject to dispute.
For emergency medicine groups, the federal No Surprises Act often provides better protections than NY state IDR because it covers ERISA self-funded plans that NY state law cannot reach. We analyze each claim to determine whether NY IDR, federal NSA, or both provide the optimal path to recovery.
EM groups operating under hospital contracts need to ensure their IDR filings are structured correctly relative to any facility-level agreements. We review the contractual landscape before filing to avoid inadvertent waiver of IDR rights.
Interventional cardiologists and cardiac surgeons performing OON procedures face QPA benchmarks that significantly undervalue complex cardiac work. Procedures involving advanced technology, long operative times, or high ASA physical status are particularly well-suited for IDR.
Emergency cardiac procedures — including STEMI intervention, emergency CABG, and aortic repair — are fully protected under both NY and federal law. No consent waiver is possible in any true emergency presentation. These cases are among the most defensible in IDR.
Advanced cardiac procedures using robotic-assisted surgery, 3D mapping systems, or ECMO support can be documented in ways that justify premium reimbursement. We work with your team to capture the technology and complexity elements that support a higher offer in arbitration.
Neonatologists providing intensive care to premature or critically ill newborns are ancillary providers — parents cannot select the neonatologist and cannot waive surprise billing protections. NICU care at OON hospitals is frequently underpaid at QPA levels that fail to account for the complexity and duration of neonatal critical care.
Pediatric surgeons, pediatric cardiac surgeons, and pediatric neurosurgeons operate in a market with very limited in-network comparators — meaning QPA calculations are often based on thin data that substantially undervalues these services. FAIR Health UCR data for pediatric subspecialty codes typically shows a large QPA gap.
NICU cases often involve extended stays with daily critical care billing. When an insurer systematically underpays daily critical care codes, the aggregate underpayment over a stay can be substantial. We analyze the full episode of care to identify the total disputable amount.
General surgeons performing OON procedures — including complex abdominal surgery, hernia repairs, laparoscopic procedures, and oncologic resections — are frequently underpaid at QPA levels that fail to capture case complexity, operative time, or the surgeon's experience and board status.
For general surgery, the operative report is the most important piece of evidence. We work with your team to extract the complexity factors — adhesions, anatomical difficulty, prior surgeries, comorbidities — that support reimbursement above QPA.
Appendectomies, perforated viscus repairs, and other emergency general surgery cases are fully protected. These cases are IDR-eligible without any consent requirement, and the emergency nature of the procedure is itself a complexity factor that supports higher reimbursement.
Not every claim falls under NY state IDR. Self-funded ERISA plans — which cover roughly 60% of commercially insured New Yorkers — are governed by federal law. We analyze every claim to identify the correct forum.
Applies to fully insured NY health plans regulated by the NY Department of Financial Services. Governed by Financial Services Law Article 6 and Insurance Law § 3241 (23 NYCRR 400). Key advantages: multi-year claim recovery window, FAIR Health 80th percentile UCR standard, all factors weighted equally. NY state IDR cannot reach ERISA self-funded plans.
Applies to ERISA self-funded plans and all other group health plans not subject to state regulation. Governed by 42 U.S.C. §§ 300gg-111 et seq. Key features: QPA as baseline, baseball-style arbitration, 4-business-day filing window after open negotiation. No comparable claim recovery window — federal NSA filing deadlines are strict.
For fully insured NY plans, both NY IDR and the federal NSA may apply. NY law expressly states the framework providing more protection to the patient or provider prevails. In practice, NY IDR's FAIR Health standard and multi-year claim recovery window make it the superior forum for most fully insured NY claims.
Before filing any dispute, we identify the applicable framework for each claim — NY IDR, federal NSA, or both. For practices with mixed payer populations, this analysis determines the filing strategy. We handle both forums and select the one that maximizes recovery for your specific claims.
New York's multi-year claim recovery window is one of the most underutilized features of the state IDR framework. The NY DFS IDR process has no fixed statutory filing deadline, and for fully-insured plans a parallel breach-of-contract action under CPLR § 213(2) can reach up to six years from the insurer's underpayment. Most practices don't know it exists — or assume it's too late to act on claims from 2022 and 2023.
We review EOBs and payment records from the past 3 years to identify claims paid below FAIR Health 80th percentile UCR. No upfront cost for the audit.
For each underpaid claim still within the practical recovery window, we calculate the gap between what was paid and what FAIR Health data supports as the UCR.
We prepare the evidence package, file with the NY DFS-designated IDRE, manage all deadlines, and represent your practice through the determination. Contingency basis — no recovery, no fee.
Free, no-obligation evaluation of your claim history. Most practices are surprised by how much is still on the table.
Start Free Evaluation → Download the Free OON GuideMadison Law Firm PLLC · 579 Fifth Avenue, NYC · (212) 300-3191 · inquiries@madisonlawfirm.com
Free case evaluation. No upfront cost. No recovery, no fee.
Madison Law Firm PLLC · 579 Fifth Avenue, 2nd Floor, New York, NY 10017 · inquiries@madisonlawfirm.com · Attorney advertising. Prior results do not guarantee similar outcomes.