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
ICYMI: New York Times Lays Out Why Arbitration Works for Baseball but Not for Healthcare
When Congress wrote the No Surprises Act, it borrowed its arbitration model from Major League Baseball. A new analysis from the New York Times lays out how that system has failed in healthcare. More than 2.5 million disputes went to arbitration last year, compared...
Niskanen Center: “New data, same problem: No Surprises Act arbitration abuse persists”
IDR abuse is accelerating. That's the takeaway from a new analysis by the Niskanen Center, which dug into CMS's latest data on the No Surprises Act's arbitration process, covering the second half of 2025. Disputes are up nearly 75% year-over-year, providers are still...
IDR Is a Gold Rush for Certain Private Equity-Backed Providers. Independent Physicians Are Getting Squeezed.
Last month, the nonpartisan Congressional Budget Office (CBO) issued a rare warning: the intended cost savings for employers and employees under the No Surprises Act are in jeopardy because the law's dispute backstop, the Independent Dispute Resolution (IDR) process,...
