The No Surprises Act IDR process explained

A close-up of a calculator and a stethoscope resting on a medical bill, symbolizing healthcare expenses and financial calculations.

The broken IDR process is driving up health insurance premiums and copays for families who are already struggling

By David Merritt, SVP, External Affairs, Blue Cross Blue Shield Association (BCBSA)

Independent dispute resolution (IDR) is the federal process created under the No Surprises Act to resolve certain payment disagreements between health plans and out-of-network providers. The law protects patients from surprise medical bills by preventing providers from directly charging patients and requiring health plans and providers to resolve these disputes through a separate process.

While patients remain protected from surprise medical bills, the IDR process has become a growing focus of policymakers concerned by evidence that it is driving up healthcare costs. That evidence includes payments that go far beyond typical contracted rates, along with soaring dispute volumes and millions of disputes going through the process despite being ineligible. All of this has renewed calls for reform.

The cost burden of IDR

The No Surprises Act protects consumers from unexpected medical bills. However, its payment dispute process, known as independent dispute resolution (IDR), is driving up health insurance premiums and copays for families.

Learn about the growing problem

Key facts

  • Nearly $15 billion was awarded to healthcare providers through the IDR process in 2025, more than triple the amount in 2024, according to federal data analyzed by The Wall Street Journal.
  • Inflated arbitration awards and administrative costs associated with the process generated $22.4 billion in excess costs in just four years, according to an analysis in Health Affairs. Any wasteful spending drives up premiums for everyone.
  • The average payment award was 350% – 400% higher than what health plans typically pay for the same service, according to Centers for Medicare & Medicaid Services (CMS) data.
  • Providers prevail in roughly 80% of IDR cases, CMS data show, as a small group of providers and third-party firms generated a disproportionate share of dispute filings.
  • Nearly 40% of disputes filed in 2024 were ineligible for the federal IDR process, an AHIP and BCBSA analysis found.
  • The New York Times reports that some health insurance providers have said the high payouts were leading to an increase in premiums for employers and individuals. This has been echoed by many employers.

What is independent dispute resolution (IDR)?

Independent dispute resolution (IDR) is the payment dispute process created by the No Surprises Act. It's used when a health plan and an out-of-network provider cannot agree on payment for certain services protected under the law. Patients are not involved in these disputes and remain protected from surprise medical bills regardless of the outcome. Originally intended as a limited, last resort, IDR is now overwhelmed by millions of disputes each year, including many that are ineligible.

How does the IDR process work?

If a health plan and an out-of-network provider cannot agree on payment, either party may initiate the IDR process. Each side submits a proposed payment amount and a defense of the requested amount, and an independent arbitrator must select one of the two offers. The arbitrator cannot split the difference.

  1. Provider disputes payment.
  2. Parties attempt to negotiate independent of IDR.
  3. IDR process is initiated.
  4. Arbitrator selects one payment offer.
  5. Payment determination is finalized.

Why is the IDR process receiving increased scrutiny?

Policymakers are increasingly scrutinizing the independent dispute resolution process because evidence suggests it is contributing to higher spending that increases health insurance costs for employers and families. Also, the volume of cases has surged far beyond what lawmakers expected when they created it.

  • Higher costs are undermining affordability. A Health Affairs analysis estimates the IDR process generated $22.4 billion in excess costs from 2022 through 2025. Federal data shows that nearly $15 billion was awarded to healthcare providers in 2025 alone, up from $4.08 billion in 2024. Those costs ripple throughout the healthcare system, raising premiums and out-of-pocket costs for everyone. 
  • Large provider payouts contribute to higher premiums. Some health insurance providers have said that the increasing number of high provider payouts associated with IDR decisions is leading to an increase in premiums for employers and individuals. Plans covering state workers have also cited the process as a factor in rising insurance prices.
  • The entities that decide the cases may collect fees up to $800 per case, creating financial incentives to hear more disputes, driving the volume that far exceeded policymakers’ projections.
  • A small number of organizations are driving the majority of disputes. Just five middlemen and private equity-backed providers accounted for more than 60% of resolved IDR cases in 2024.
  • The federal IDR process is being overwhelmed by disputes that don't qualify. Nearly 40% of disputes filed in 2024 were ineligible, yet roughly half still resulted in mandatory payments to providers.
  • Dispute volumes far exceed expectations. Federal regulators originally projected about 17,000 disputes annually. Within months, the actual volume exceeded 10 times that projection. In 2025 alone, there were 2.2 million disputes filed.

What the data show about IDR payment awards

In many cases, providers receive payments that are many times higher than what other providers are paid for the same service.

Using CMS data, Georgetown University research showed providers are regularly getting 400% above and as high as 1,000% above contracted rates. For example, a recent New York Times investigation reported that an assistant surgeon received $50,456 through the IDR process for a prostate removal procedure, while the in-network surgeon performing the operation was paid $1,843.

These payment amounts raise concerns that providers could have less incentive to join networks and more of an incentive to seek higher reimbursement rates through the IDR process instead. Patients and employers ultimately bear these costs through higher insurance premiums.

What is ineligible under the No Surprises Act?

Not every payment dispute qualifies for the federal IDR process. Common types of ineligible disputes include:

  • Services payable under Medicare, Medicaid, the Children's Health Insurance Program (CHIP), or TRICARE — these are covered by other federal programs and fall outside the Act's scope
  • Disputes that were already resolved and resubmitted — duplicate filings that re-enter the system without new grounds
  • Disputes involving in-network providers — the Act applies to out-of-network scenarios, not contracted provider relationships
  • Disputes subject to state surprise billing laws — states with their own protections take precedence over the federal process
  • Disputes initiated before the mandatory 30-business-day open negotiation period has ended

Blue Cross Blue Shield Association's proposed reforms to the No Surprises Act payment dispute process

Policymakers and stakeholders have proposed reforms aimed at reducing ineligible disputes, increasing transparency and strengthening oversight. Reforms are needed to preserve patient protections established by the No Surprises Act while reducing waste and unnecessary healthcare costs for patients, families and employers. To preserve No Surprises Act protections against out-of-network balance billing, we need specific solutions that:

  • Discourage ineligible disputes: Introduce an upfront eligibility fee to discourage improper filings and encourage the independent dispute resolution entities (IDREs) that hear the cases to appropriately determine cases ineligible. Currently, IDREs are only compensated for cases deemed eligible.
  • Increase transparency: Require arbitrators to share submissions and provide detailed rationales as part of the final decisions.
  • Allow appeals: Create a formal process for parties to challenge IDR case eligibility and final payment determinations before CMS.
  • Strengthen oversight: Establish metrics and accountability measures for IDREs, including corrective actions for not following appropriate practices or adhering to CMS guidance.
  • Address repeat abuse: Track patterns of improper filings by providers and vendors to identify and deter manipulation of the process.

Frequently asked questions about the No Surprises Act IDR process

About the author: David Merritt is Senior Vice President of External Affairs at the Blue Cross Blue Shield Association and a national voice on healthcare affordability and federal health policy issues. He serves on the board of the Coalition Against Surprise Medical Billing, which focuses on protecting patients from surprise medical bills and advancing implementation of the No Surprises Act. Explore David's insights and commentary on LinkedIn.

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