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
New CASMB Ad Campaign Warns No Surprises Act Enforcement Act Rewards the Abuse It Claims to Fix
Washington, D.C. — With employers and consumers already bearing the exorbitant cost of Independent Dispute Resolution (IDR) abuse, the Coalition Against Surprise Medical Billing (CASMB) today launched a six-figure ad campaign to urge policymakers to oppose H.R. 4710,...
ICYMI: Washington Examiner Editorial Board: “Congress must fix its No Surprises mistake”
As out-of-network providers' abuse of the No Surprises Act's independent dispute resolution (IDR) process grows more extreme, costly, and widespread, the urgency for policymakers to act grows with it. The latest editorial from the Washington Examiner says it all: “A...
Recap: New Surprises, New Challenges: Confronting Fraud & Abuse of the No Surprises Act
The continued abuse and misuse of the Independent Dispute Resolution (IDR) process — and its growing associated costs — has become an untenable expense for millions of Americans and employers. Following the release of the recent IDR operations rule, members and...
