Binding Arbitration is Not Frequently Used to Resolve Health Care Disputes

by John E. Rolph, Elizabeth S. Rolph, Erik Moller

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Excerpt: Resolution of disputes between patients and health-care providers first became a pressing problem in the 1970s, when malpractice claims grew dramatically. More recently, the growth of managed care has introduced new sets of decisions and decisionmakers into the delivery of health care; now, health plans join with providers in determining appropriate treatment programs and reimbursement schedules, along with access to qualified specialists. The new panoply of decisionmakers and growth of controls substantially increase the probability of disputes.

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