; or (B) in the case the plans and provider enter into such negotiations but such negotiations are not successful, the reasonable amount determined for such item or service pursuant to the independent dispute resolution process under paragraph (3). (2) Negotiations For purposes of subsections (b)(1)(C)(iii) and (e)(1)(B), in the case of a payment of a commercially reasonable rate made by a health plan to a nonparticipating provider pursuant to such respective subsection for an item or service, the provider and plan may, not later than 30 days after the date of such payment, negotiate an amount of payment (other than the commercially reasonable rate specified in such subsection) to be made for such item or service. (3) Independent dispute resolution (A) In general If, by the end of such 30-day period specified in paragraph (2), the plan and provider have not determined a negotiated amount for the payment involved, the plan or provider may initiate an independent dispute resolution process under this paragraph to determine the amount of payment. (B) Establishment of IDR (i) In general Not later than January 1, 2021, the Secretary, in consultation with the Secretary of Labor, shall establish a process for resolving payment disputes between health plans and nonparticipating providers for purposes of determining amounts of payments to be made by the plans to the providers pursuant to subsections (b) and (e) (referred to in this section as the IDR process ). (ii) Entities An entity wishing to participate in the IDR process under this subsection shall request certification from the Secretary. The Secretary, in consultation with the Secretary of Labor, shall determine eligibility of applicant entities, taking into consideration whether the entity is unbiased and unaffiliated with health plans and providers and free of conflicts of interest, in accordance with the Secretary’s rulemaking on determining criteria for conflicts of interest. (iii) Applicable claims (I) In general The IDR process shall be with respect to one or