One possible way to solve the debate over how to end surprise medical billing disputes is make it a loser pays system with a neutral arbitrator. Each side would submit a price, and the arbiter chooses one. Both sides are bound by the decision, while patients’ charges for out-of-network care are limited to what they would owe to in-network providers. By forcing an arbiter to pick an offer, rather than forging a compromise, both parties are, in theory, encouraged to moderate their bids.
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