Surprise billing and a runaway arbitration system
The No Surprises Act protects patients from many surprise bills, but the arbitration process for provider-insurer disputes exploded to 1.42 million disputes in 2024 (versus 17,000 expected), mostly filed by private-equity-backed groups, and providers win about 85%. Ground ambulances are not covered.
Evidence
- 1.42M IDR disputes in 2024, over 99% initiated by providers; at least $5B in total process costs through 2024.
Who's affected
- People with ongoing or specialist care needs: Ambulance rides and out-of-network specialists send bills patients didn't choose.
- People with employer coverage: Premiums fund the higher arbitration awards.
- Hospitals and specialist groups with high private prices: Private-equity-backed emergency, anesthesia, and radiology groups win high awards.
Under your mix of paths
- Out-of-network billing
- Separate payers disputing prices
Related costs
Open questions
- Should payment disputes be eliminated by having one payment schedule?
Solution paths (2)
Open a path for what it fixes, what it creates or worsens, who gains and who loses, precedents, and how it connects to other paths. See all paths as a decision tree.
Pay out-of-network bills at a fixed benchmark (e.g., a percentage of Medicare), ending the independent dispute resolution system.
- +Surprise billing and a runaway arbitration system
- −Reduces income or business for affected groups
- −Providers leave, retire, or go cash-only if pay drops
With one payer or universal all-payer rates, there is no out-of-network.
- +Surprise billing and a runaway arbitration system
- +About $1 trillion a year in administrative cost
- −Depends on other changes to work
- −Providers leave, retire, or go cash-only if pay drops
Also addressed by paths for other problems
With one payer and one fee schedule, no provider is out of network, so there is no surprise bill.
Mostly uniform provider payments reduce differences in the rates charged across plans.
Covering ground ambulances ends surprise bills for these trips.