The Balance Billing Protection Act (leg.wa.gov) directs the Office of the Insurance Commissioner (OIC) to develop a list of approved arbitrators or entities that provide arbitration for balance billing disputes. Arbitrators will preside over baseball style arbitration of these disputes between health care providers, facilities and carriers. Arbitrator compensation is determined by the selected arbitrator or organization. The OIC does not set rates or compensate arbitrators on the list. The parties to arbitration split the cost, regardless of which party prevails.
How to apply to be a balance billing arbitrator
You can apply to be an approved balance billing by completing and submitting this online application:
The Balance Billing Protection Act requires arbitrators to be trained by the American Health Lawyers Association (AHLA) or the American Arbitration Association. The OIC will give preference to applicants with relevant health care or medical experience.
After your application to be an arbitrator is submitted, the OIC will let you know if you will be included in its list of arbitrators. If selected, the arbitrator or entity’s name and information submitted with the application will appear on the OIC webpage listing the approved arbitrators. Information provided on the application will be available to the public, as well as health care providers, facilities and carriers who initiate arbitration.
How an arbitrator is selected
Parties to arbitration select an arbitrator or entity that provides arbitration services from a list on the OIC’s website. If the parties cannot agree, the OIC will narrow the list to five options. If the parties still cannot reach agreement, the OIC will choose the arbitrator from the narrowed list.