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Your Rights and Protections Against Surprise Medical Bills

When you get emergency care or are treated by an out-of-network provider at an in-network hospital or ambulatory surgical center, you are protected from balance billing. In these cases, you shouldn’t be charged more than your plan’s copayments, coinsurance and/or deductible.

What is “balance billing” (sometimes called “surprise billing”)?

When you see a doctor or other health care provider, you may owe certain out-of-pocket costs, like a copayment, coinsurance, or deductible. You may have additional costs or have to pay the entire bill if you see a provider or visit a health care facility that isn’t in your health plan’s network.

“Out-of-network” means providers and facilities that haven’t signed a contract with your health plan to provide services. Out-of-network providers may be allowed to bill you for the difference between what your plan pays and the full amount charged for a service. This is called “balance billing.” This amount is likely more than in-network costs for the same service and might not count toward your plan’s deductible or annual out-of-pocket limit.

“Surprise billing” is an unexpected balance bill. This can happen when you can’t control who is involved in your care — like when you have an emergency or when you schedule a visit at an in-network facility but are unexpectedly treated by an out-of-network provider. Surprise medical bills could cost thousands of dollars depending on the procedure or service.

Emergency services

If you have an emergency medical condition and get emergency services from an out-of-network provider or facility, the most they can bill you is your plan’s in-network cost-sharing amount (such as copayments, coinsurance, and deductibles). You can’t be balance billed for these emergency services.

This includes services you may get after you’re in stable condition, unless you give written consent and give up your protections not to be balance billed for these post-stabilization services.

Certain services at an in-network hospital or ambulatory surgical center

When you get services from an in-network hospital or ambulatory surgical center, certain providers there may be out-of-network. In these cases, the most those providers can bill you is your plan’s in-network cost-sharing amount. This applies to:

Emergency medicine
Anesthesia
Pathology
Radiology
Laboratory
Neonatology
Assistant surgeon
Hospitalist or intensivist services

These providers can’t balance bill you and may not ask you to give up your protections. If you get other types of services at these in-network facilities, out-of-network providers can’t balance bill you unless you give written consent and give up your protections. You’re never required to give up your protections from balance billing, and you aren’t required to get out-of-network care — you can choose a provider or facility in your plan’s network.

When balance billing isn’t allowed, you also have these protections

You’re only responsible for paying your share of the cost — the copayments, coinsurance, and deductible you would pay if the provider or facility were in-network. Your health plan will pay any additional costs to out-of-network providers and facilities directly. Generally, your health plan must:

Cover emergency services without requiring you to get approval in advance (prior authorization)
Cover emergency services by out-of-network providers
Base what you owe on what it would pay an in-network provider, and show that amount in your explanation of benefits
Count any amount you pay for emergency or out-of-network services toward your in-network deductible and out-of-pocket limit

If you think you’ve been wrongly billed

Contact the federal No Surprises Help Desk at 1-800-985-3059.

Visit www.cms.gov/nosurprises/consumers for more information about your rights under federal law.

This page reproduces the federal model notice. A PDF copy is also available at assets/no-surprise-billing-act.pdf.