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: 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...
IDR Is Now A +$22.4 Billion Problem
Untenable and unsustainable IDR costs are driving up premiums for employers and employees, and new data from researchers at Georgetown University uncovers how out-of-network providers’ abuse and misuse of arbitration has become a $22 billion affordability crisis....
ICYMI: Mercer: “On the Hill, Employers Sound the Alarm on IDR”
Abuse of the No Surprises Act’s independent dispute resolution (IDR) process by certain private equity-backed providers and IDR firms continues to drive up premium costs for employers, unions, and workers. POLITICO recently reported that one national health insurer is...
