The arbitration decision turned out to be a cockroach. They are very difficult to kill.
This is a long-held truism in the legal world, and it was reinforced this week when a federal judge dismissed a lawsuit by a health insurance company challenging an arbitration decision under the Surprise Act. The ruling does not bode well for other pending cases challenging awards granted under the 2020 law’s arbitration procedure known as Independent Dispute Resolution.
“You can’t second-guess the arbitrator,” said Chris Deacon, a health policy consultant and former attorney. “That’s the whole point of arbitration.”
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