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
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...
ICYMI: New York Times: “$22,000 Per Hour: Assistants Use a Legislative Loophole to Outearn Surgeons”
The surgeon who operated on a cancerous prostate gland earned $1,843. The assistant who handed him the instruments earned $50,456. Welcome to arbitration under the No Surprises Act. New York Times reporters Margot Sanger-Katz and Sarah Kliff did another deep dive into...
New CBO Request Is Latest Signal IDR Has Gone Very Wrong
When the Congressional Budget Office (CBO) puts out a public call for new research on the cost impacts of the No Surprises Act, it’s the latest signal that the law’s arbitration process, also known as Independent Dispute Resolution (IDR), has veered far off course. In...
