The Benchmark That Keeps Losing: What Federal Arbitration Is Revealing About the Qualifying Payment Amount
Abstract
This editorial examines the role of the qualifying payment amount in federal independent dispute resolution under the No Surprises Act. It distinguishes patient protection from payment valuation, evaluates competing interpretations of federal dispute outcomes, and considers procedural and enforcement concerns associated with the dispute-resolution process. It proposes three reforms: confidential verification of qualifying payment amount inputs, searchable carrier-level outcome reporting, and enforceable consequences for untimely payment of awards. The editorial argues for independent examination of the benchmark while preserving patient protections and neutral review.
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