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Judge’s ruling on surprise billing threatens to disrupt arbitration process

February 7, 2023

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A judge in Texas again ruled against the federal government over its implementation of the ban on surprise medical bills and said the third party process to resolve payment disputes is unlawful and unfairly favors insurers.

Judge Jeremy Kernodle of Texas vacated portions of the final rule implementing the ban on Monday, and remanded it back to the government.

Kernodle’s ruling raises questions about how this will affect the arbitration process providers and payers are currently using to resolve payment disputes related to out-of-network care.

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