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Arbitration Over Out-Of-Network Medical Bills: Evidence From New Jersey Payment Disputes

Authors :
Loren Adler
Benjamin L Chartock
Erin Trish
Erin Lindsey Duffy
Bich Ly
Source :
Health Affairs. 40:130-137
Publication Year :
2021
Publisher :
Health Affairs (Project Hope), 2021.

Abstract

In 2018 New Jersey implemented a final-offer arbitration system to resolve payment disputes between insurers and out-of-network providers over surprise medical bills. Similar proposals are being considered by Congress and other states. In this article we examine how arbitration decisions compare with other relevant provider payment amounts by linking administrative data from New Jersey arbitration cases to Medicare and commercial insurance claims data. We find that decisions track closely with one of the metrics that arbitrators are shown-the eightieth percentile of provider charges-with the median decision being 5.7 times prevailing in-network rates for the same services. It is not a foregone conclusion that arbitrators will select winning offers based on proximity to this target, although our findings suggest that it is a strong anchor. The amount that providers can expect to receive through the arbitration process also affects their bargaining leverage with insurers, which could affect in-network negotiated rates more broadly. Therefore, basing arbitration decisions or a payment standard on unilaterally set provider-billed charges appears likely to increase health care costs relative to other surprise billing solutions and perversely incentivizes providers to inflate their charges over time.

Details

ISSN :
15445208 and 02782715
Volume :
40
Database :
OpenAIRE
Journal :
Health Affairs
Accession number :
edsair.doi...........8004e6d024bfa9ec25d6aba78e374a0d
Full Text :
https://doi.org/10.1377/hlthaff.2020.00217