; or (B) a situation in which an individual who is enrolled in a group health plan, or health insurance coverage offered in the group market, is furnished items or services by an out-of-network health care provider on the same date on which the individual makes an appointment for such items or services (or otherwise presents at the hospital, critical access hospital, or ambulatory surgical center for such services such as in the case of items and services furnished with respect to an emergency medical condition, as defined in section 1867(e)). (b) Establishment of independent dispute resolution process (1) Establishment Not later than 2 years after the date of enactment of this section, the Secretary, in consultation with the Secretary of Labor, shall establish a process for resolving payment disputes between group health plans, or health insurance issuers offering health insurance coverage in the group market, and out-of-network health care providers in surprise billing situations in accordance with this section. (2) Certification of independent dispute resolution entities (A) In general The Secretary, in consultation with the Secretary of Labor, shall establish a process through rulemaking to certify entities as independent dispute resolution entities to conduct independent dispute resolution processes under subsection (d). (B) Requirements To be eligible for certification under this paragraph, an entity shall— (i) have experience in health care billing, health care pricing, and arbitration; and (ii) not have any conflict of interest, as determined in accordance with subparagraph (C). (C) Conflict of interest The Secretary, in consultation with the Secretary of Labor, shall determine, through rulemaking, the criteria for a conflict of interest for purposes of subparagraph (B)(ii), which shall include— (i) having any material arrangement, financial or otherwise, that could bias the entity, or an employee of the entity working on a particular dispute