PRACTICE | April 2026
Eliott Dear on POS 23: Why Emergency Room Claims Are the Bread and Butter of Non-Par IDR
By Eliott Dear, Esq.
What POS 23 Means
The HCFA 1500 claim form has a field for Place of Service. Each place of service is coded with a two-digit number. Place of Service 23 is the hospital emergency room. When a physician provides a service to a patient in the hospital emergency department and bills the patient’s insurance, the claim is coded POS 23.
POS 23 is a technical designation, but it carries the entire weight of every state emergency care balance-billing protection. Emergency services provided by non-participating providers are subject to specific billing rules that do not apply to elective services.
Why POS 23 Claims Fit State IDR
Emergency care is protected from balance billing. A patient who presents to an emergency room cannot be asked in advance whether the treating physician is in the insurance network. The regulatory framework recognizes that a patient in a medical emergency is not a rational market actor.
When an insurer underpays an emergency service, the physician has direct standing to pursue IDR. In New York, that means filing a state IDR, where the FAIR Health 80th percentile is the benchmark named in New York law. Because POS 23 is unambiguous and the legal protections are clear, the arbitrator faces a clean question: was this an emergency service billed by a non-par provider, and did the insurer underpay it? Every Claims Assassins POS 23 file is built to answer both with the documents.
The Arithmetic
Every POS 23 file starts with two numbers: the insurer’s initial payment, and the FAIR Health 80th percentile benchmark for the CPT code in the ZIP code where the service was performed. The gap between them is the entire basis of the IDR.
POS 23 emergency claims, ER plastic surgery and ER orthopedics in the New York metro above all, are the core of what Claims Assassins files. Every non-par ER physician running a high-volume practice should have a dedicated state IDR pipeline for POS 23.
What Breaks POS 23 Claims
Missing or incorrect POS coding is the single most common defect on a legitimate ER claim. A POS 21 inpatient hospital or POS 22 on-campus outpatient hospital code on what should have been a POS 23 claim loses the automatic emergency protection. The fix is to verify the coding against the op note and the ER facility intake record before the claim is filed.
Eliott Dear’s intake sort always starts with POS verification. If the service was in an emergency department, the claim should be POS 23. Everything else in the IDR is downstream of that one field.
Send one claim. See what’s there.
edear@edrtb.com | 646-387-9133 | No contract. 10% of the improvement.
Get started →Eliott Dear, Esq. is the founder and CEO of Claims Assassins (EDRTB LLC). New York Bar #4329546. Fordham Law School, Law Review. Formerly Clifford Chance LLP. Based in Hollywood, Florida.