The No Surprises Act, which took effect in 2022, was designed to shield privately insured patients from unexpected bills when treated by out-of-network providers at in-network facilities. Most experts agree the law's consumer protections are worth keeping, but some say its dispute resolution process is backfiring.
When insurers and providers disagree on payments, either side can enter arbitration — and arbitrators have sometimes awarded amounts far above typical rates. In one case cited by UnitedHealthcare, an assistant surgeon awarded through arbitration received roughly 12 times what the lead neurosurgeon was paid. Those mounting costs, experts warn, may ultimately be passed on to consumers through higher premiums.
