; (ff) the provider’s quality and outcome metrics; (gg) the provider’s usual charge for comparable services with regard to patients in health care plans in which the provider is not participating; (hh) the individual patient characteristics; and (ii) other relevant economic and clinical factors. (IV) Final decisions The amount that is determined to be the more reasonable amount under item (aa) or (bb) of subclause (I), as applicable, shall be the final decision of the IDR entity as to the amount the health plan is required to pay the provider. (V) Effect of determination A final determination of an IDR entity under subclause (IV)— (aa) shall be binding; and (bb) shall not be subject to judicial review, except in cases comparable to those described in section 10(a) of title 9, United States Code, as determined by the Secretary in consultation with the Secretary of Labor, and cases in which information submitted by one party was determined to be fraudulent. (iii) Privacy laws An IDR entity shall, in conducting an independent dispute resolution process under this paragraph, comply with all applicable Federal and State privacy laws. (iv) Public availability The reasonable amount determined by an IDR entity under this paragraph with respect to any claim shall not be confidential, except that information submitted to the IDR entity shall be kept confidential. IDR entities may consider past decisions awarded by independent dispute entities during the independent dispute resolution process. (v) Costs of independent dispute resolution process The nonprevailing party shall be responsible for paying all fees charged by the IDR entity. If the parties reach a settlement prior to completion of the IDR process, the costs of the independent dispute resolution process shall be divided equally between the parties. (vi) Payment Any difference between— (I) the amount determined to be paid by one party of the dispute resolution to another pursuant to this paragraph