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
CASMB Urges Trump Administration To Fix Flawed Arbitration Process
Before the passage of the No Surprises Act, too many patients experienced the costly burden of surprise medical bills. President Trump signed this landmark law in December 2020, and since it took effect in January 2022, it is preventing approximately 1 million...
ICYMI: New Analysis from Brookings Underscores How Private Equity Is Overwhelming Arbitration
Certain private equity-backed providers are flooding the federal arbitration process with thousands of frivolous and ineligible claims, according to a new analysis from Brookings Institution researchers published in Health Affairs. The latest assessment confirms that...
Employers, Health Plans Oppose Legislation to Make Arbitration More Costly for Consumers
While the No Surprises Act took a critical step in banning unfair, egregious surprise medical bills, certain private equity-backed providers continue to abuse and misuse the law’s arbitration process (also known as independent dispute resolution, or IDR) as a “back...