Providers and insurers vie to influence upcoming No Surprises Act arbitration rule

The federal government is preparing to release a final rule that will reshape the arbitration process under the No Surprises Act. Health care providers and insurers are both scrambling to have their positions reflected before the rule is published.

The four agencies responsible for the Independent Dispute Resolution Operations have already held 20 meetings this year, most of them virtual. Thirteen of those meetings involved provider groups, only four featured health insurers or their trade associations, and three included other stakeholders.

The rulemaking effort began with an initial proposal released in November 2023 by the Departments of Health and Human Services, Labor, Treasury and the Office of Personnel Management. The proposed changes aim to adjust how claims are grouped and other procedural details of the arbitration system.