Arnold Ventures Statement on CMS’ Final Rule for No Surprises Act IDR Operations

Mark E. Miller, executive vice president of health care at Arnold Ventures, issued this statement after the Centers for Medicare & Medicaid Services (CMS) released the final No Surprises Act’s Independent Dispute Resolution (IDR) Operations rule:  

WASHINGTON, D.C. (June 2, 2026) — ​“The final rule takes important steps to strengthen the Independent Dispute Resolution (IDR) process by enhancing transparency, better standardizing communications, and attempting to reduce the submission of ineligible disputes to IDR. 

“While this rule will improve IDR operations, it does little to address the ongoing abuse of IDR by certain providers and middlemen, many of which are backed by private equity. Misaligned incentives and persistent litigation have weakened the IDR process, allowing these entities to flood the system and reap exorbitant payment awards for out-of-network care, which in turn drives up costs for patients, employers, and taxpayers. We are particularly concerned that the reduction in IDR administrative fees from $115 to $15 may further incentivize misuse of the process and contribute to rising health care costs over time. 

“As American families and employers continue to struggle with the cost of health care, the ongoing abuse and misuse of the IDR process cannot continue. We strongly urge Congress and the Administration to take additional action to ensure that the No Surprises Act continues to protect patients from surprise medical bills and delivers on its promise to lower health care costs for patients, employers, and taxpayers.”