; or (ii) in the case of such services furnished in a State that does not have in effect such a law, an amount determined in accordance with the independent dispute resolution process established under subsection (f). (f) Independent dispute resolution process (1) Establishment (A) In general Not later than 1 year after the date of the enactment of this subsection, the Secretary, in consultation with the Secretary of Labor, shall establish by regulation an independent dispute resolution process (referred to in this subsection as the IDR process ) under which entities certified under paragraph (2) (in this subsection referred to as certified IDR entities ) resolve specified claims of nonparticipating providers or health plans, taking into account the factors described in subparagraph (C). Such process shall prohibit such an entity from participating in the resolution of such a claim if such entity has a conflict of interest with respect to such provider, facility, or the health plan involved. (B) Specified claim For purposes of subparagraph (A), the term specified claim means a claim by a nonparticipating provider or health plan that, with respect to air ambulance services furnished by such provider for which a health plan is required to make payment pursuant to subsection (e)(1), is made under the IDR process not later than 30 days after the services are furnished. (C) Factors The factors described in this subparagraph include— (i) commercially reasonable rates for comparable services furnished in the same geographic area (which shall take into consideration in-network rates for that geographic area and not charges); and (ii) other factors that may be submitted at the discretion of either party, which may include— (I) the level of training, education, experience, and quality and outcomes measurements of the provider; (II) the circumstances and complexity of the particular dispute, including the time and place of the service; (III) the market share held by the provider or that of the plan