No Surprises Act - 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 by law from surprise billing or balance billing.
What is “balance billing” (sometimes called “surprise billing”)?
When you see a health care provider, you may owe certain out-of-pocket costs (such as a copayment, coinsurance, and/or a deductible). You may have other costs or must pay the entire bill if you see a provider or visit a facility that is not in your plan’s network.
“Out-of-network” describes providers and facilities that haven’t signed a contract with your health plan. Out-of-network providers may be permitted 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 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 schedule a visit at an in-network facility but are unexpectedly treated by an out-of-network provider.
You are protected from balance billing for:
- Emergency services.
If you have an emergency medical condition and get emergency services from an out-of-network provider or facility, the most the provider or facility may bill you is your plan’s in-network cost-sharing amount (such as copayments, coinsurance). 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 balanced 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 may be out-of-network. In these cases, the most those providers may 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 from balance billing.
If you get other 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 protection from the balance billing. You also aren’t required to get care out-of-network. You can choose a provider or facility in your plan’s network.
When balance billing isn’t allowed, you also have the following protections:
- You are only responsible for paying your share of the cost (like the copayments, coinsurance, and deductibles that you would pay if the provider or facility were in-network). Your health plan will pay out-of-network providers and facilities directly.
- Your health plan generally must:
- Cover emergency services without requiring approval in advance (prior authorization).
- Cover emergency services by out-of-network providers.
- Base what you owe the provider or facility (cost-sharing) on what it would pay an in-network provider or facility and show that amount in your explanation of benefits.
- Count any amount you pay for emergency services or out-of-network services toward your deductible and out-of-pocket limit.
If you believe you’ve been wrongly billed, you may contact the U.S. Department of Health and Human Services (HHS) at 1-800-985-3059. Visit www.cms.gov/nosurprises/consumers for more information about your rights under federal law.
Your Right to a “Good Faith Estimate”
Under federal law, you have the right to receive a “Good Faith Estimate” that explains how much your medical care will cost. If you do not have health insurance or have insurance but are not planning to use it, your health care provider needs to give you an estimate of the bill for certain medical items and services.
- You have the right to receive a Good Faith Estimate of the total expected cost of any non-emergency items or services. This includes related costs, such as medical tests, prescription drugs, equipment, and hospital fees.
- Your healthcare provider will provide a Good Faith Estimate after you schedule an item or service. This Good Faith Estimate will be provided to you in writing at least 1 business day before your medical service.
- If you scheduled your appointment using our online scheduler, please call (563) 589-4030 to request a Good Faith Estimate.
- You may ask your healthcare provider for a Good Faith Estimate at any time, including before you decide to schedule an item or service. The Good Faith Estimate will be provided within 3 business days.
- If you receive a bill that is $400 (or more) higher than your Good Faith Estimate, you may dispute the bill. You may be eligible to have the bill independently reviewed through a Patient-Provider Dispute Resolution process with the U.S. Department of Health and Human Services (HHS).
- Make sure to save a copy or picture of your Good Faith Estimate.
For questions or more information about your right to a Good Faith Estimate, call 1-800-985-3059 or visit www.cms.gov/nosurprises/consumers.