Is the payer's remark code right?
Starting January 1, 2027, payers must put a No Surprises Act remark code on out-of-network remits telling you whether state law or federal IDR applies. Payers are reporting that themselves. Check the code against the plan type and your state's law before you accept it.
Check a code
Payers must now give plan type with initial payment notices. Ask if it's missing.
Look up the state if you haven't.
Anesthesia, radiology, pathology and emergency services can't be waived this way.
The nine required codes
| Code | What the payer is telling you | Federal IDR? |
|---|---|---|
N871 | Initial payment was set by a specified state law | No, state process |
N877 | Initial payment under the NSA, based on the QPA or billed amount if lower | Yes, after open negotiation |
N876 | Covered, but no payment made; NSA amount applies | Yes, after open negotiation |
N944 | Covered, but no payment made; state law or All-Payer Model applies | No, state process |
N872 | Final payment set by a specified state law | No |
N873 | Final payment set under an All-Payer Model Agreement | No |
N874 | Final payment agreed in open negotiation | No, resolved |
N875 | Final payment set by a certified IDR entity | No, decided |
N943 | Not subject to the surprise billing protections | No |
Key dates
Nov 1, 2026Codes enter the industry code set. New batching rules apply.
Jan 1, 2027Payers must use the codes for services on or after this date.
Through Aug 2028IDR Gateway, payer registry and other changes roll out in stages.