State IDR · WA

Washington out-of-network disputes

Arbitration under the OIC.

Summary as of October 12, 2026Not legal adviceSource 16
Law
Balance Billing Protection Act, RCW 48.49 (2020), amended by E2SHB 1688 (2022)
Regulator
Office of the Insurance Commissioner (OIC)
Who it covers

Plans and services in scope

  • Emergency services and out-of-network care at in-network facilities under state-regulated plans.
  • Self-funded group plans that elect to participate.
Timeline
  1. 30 daysGood-faith negotiation between the carrier and the provider or facility.
  2. Within 10 calendar days after negotiation endsInitiating party notifies the OIC and the other party, with its final offer.
  3. 30 days after written submissionsArbitrator issues the decision.
How Revise handles it

The engine runs the 30-day negotiation and the 10-day notice window, and switches a claim to state arbitration if a federal IDRE finds the federal process does not apply.

Fees

Arbitrator fees are split under the statute. Check the OIC for the current process.

Where federal IDR applies

In March 2026 the OIC delayed moving state disputes to the federal process for at least two years and will revisit in 2028, so state arbitration remains the path for state-regulated plans.

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Sources

  1. 16Washington Office of the Insurance Commissioner, Balance Billing Protection Act arbitration (RCW 48.49), including the March 2026 decision to delay transition to the federal process. Source