The Problem
Surprise medical bills—also known as “balance billing”—have long been one of the most pressing affordability concerns facing American families. Historically, most states allowed doctors to bill patients for any balance remaining after their health insurance paid its share. These charges were particularly devastating when out-of-network providers—who had no contractual rate agreements with insurers—billed patients for the full cost of care.
Today, with the No Surprises Act in place, patients are protected from most surprise medical bills. But new challenges have emerged. Certain private equity–backed providers and profit-focused intermediaries are now exploiting the law’s arbitration process as a business model to maximize revenue.
Instead of serving as a last-resort mechanism for payment disputes, the independent dispute resolution (IDR) process has been flooded with claims. Millions of cases have been filed since the law’s passage—far exceeding government projections—many of which are ineligible or inflated. This surge has created costly bottlenecks, slowed down legitimate dispute resolution, and burdened both health plans and employers with unnecessary administrative fees.
What’s more, data show that providers are prevailing more frequently in arbitration, and when they win, their awards are often many times higher than typical in-network or Medicare rates. This not only drives up direct costs for health plans but also raises premiums and out-of-pocket expenses for American families. Meanwhile, IDR entities are not required to provide full explanations of their decisions, and the law lacks a clear appeals process—leaving limited accountability or oversight.
Latest News
$+22 Billion in Added Costs, and Growing Consensus That Congress Must Act on IDR
Certain out-of-network providers’ abuse and misuse of arbitration have become a $22 billion affordability crisis, according to recent government data analyzed by Georgetown researchers. Excessive independent dispute resolution (IDR) costs have translated directly into...
Latest Paragon Analysis Strengthens the Case for IDR Reform
A new Paragon Health Institute analysis urges Congress to reform IDR and address the misaligned incentives driving up costs for employers and consumers. The paper builds on mounting evidence of excessive arbitration awards and limited oversight, citing an estimated...
ICYMI: How Arbitration Blew a $40 Million Hole in San Antonio’s Budget
The city of San Antonio is $40 million over its employee healthcare budget this year following costly misuse and abuse of the independent dispute resolution (IDR) process by a handful of out-of-network providers. New reporting from the San Antonio Express-News details...
