A recent survey by health insurance groups revealed that a significant number of claims submitted under the No Surprises Act for independent dispute resolution (IDR) are actually ineligible for arbitration. In fact, insurers found that 39% of claims submitted last year did not meet the criteria for dispute resolution. While arbiters flagged only 17% of these cases as improper, over half of the ineligible claims led to binding payment determinations.
This trend has sparked concern among insurers, as disputes processed through arbitration tend to be won by providers, resulting in payments that are much higher than typical in-network rates. Consequently, providers may be incentivized to submit more claims, even those that don't qualify, driving up overall healthcare costs for consumers and employers.

The No Surprises Act, enacted in 2020, was designed to protect consumers from unexpected medical bills by mandating a third-party arbiter to decide which offer—either from the insurer or the provider—best represents a fair reimbursement rate. However, ongoing challenges around dispute eligibility have raised alarms about the system’s integrity.
New findings from the American Health Insurance Plans (AHIP) and the Blue Cross Blue Shield Association (BCBSA) show that a staggering percentage of disputes, particularly those related to emergency services, non-emergency care, and air ambulance claims, were flagged as ineligible by insurers but not by the arbiters themselves. This discrepancy has led to substantial payments that could otherwise have been avoided.
Insurance leaders point to private equity-backed healthcare providers, particularly in radiology and emergency care, as major contributors to the problem. These groups have been accused of exploiting the arbitration process to secure inflated reimbursements, resulting in unnecessary spending and higher premiums across the healthcare system.
Data suggests that two major private equity-backed groups, Radiology Partners and Team Health, were responsible for a disproportionate share of the claims submitted for arbitration in recent years. Their actions have led to billions of dollars in wasteful spending and an increasingly complex healthcare landscape.
As the debate continues, AHIP and BCBSA are urging lawmakers and regulators to implement better oversight and accountability in the arbitration process. Although some progress is expected with a new rule from the Centers for Medicare and Medicaid Services (CMS), regulatory changes are unlikely in the short term due to ongoing political challenges.
The key question remains: How can policymakers balance the need for fair reimbursement with the growing costs tied to arbitration abuses?
If you’re dealing with unexpected medical bills and need guidance navigating the complexities of the No Surprises Act, No Surprise Bill is here to assist you. Our team specializes in providing expert advice on No Surprises Act billing practices, helping you understand your rights and ensure you’re not overpaying for out-of-network care.
If you believe you’ve been wrongfully billed or want to learn more about how to protect yourself from surprise charges, contact us today. Let us help you take the guesswork out of healthcare billing and ensure you're not caught off guard by unexpected costs.