When you get emergency care or get treated by an out-of-network provider at an in-network hospital or ambulatory surgical center, you are protected from surprise billing or balance billing.

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, such as a copayment, coinsurance, and/or a deductible. You may have other 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” 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 agreed to pay 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 when you 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 and 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 there 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 not to be balance billed.

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 protections from 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 was in-network). Your health plan will pay out-of-network providers and facilities directly. Your health plan generally must:

• Cover emergency services without requiring you to get approval for services 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.

Additional protections under state law:

Pennsylvania

If you receive services in Pennsylvania (PA), PA state law also provides certain protections.

• If you have a PPO (preferred provider organization) plan and require emergency services, your plan will pay for the emergency services so that you are not liable for out-of-pocket expenses greater than if you had received the services from a preferred provider.
• If you have an HMO (health maintenance organization) plan, emergency services are covered in and out of your service area and are not limited to affiliated providers. No emergency room copayment in excess of primary care copayment may be charged if you are referred to the emergency room by a primary care physician or the HMO and the services could have been provided in the primary care physician’s office.

New Jersey

If you receive services in New Jersey (NJ), NJ state law also provides certain protections. Under the NJ Out of Network Consumer Protection, Transparency, Cost Containment and Accountability Act of 2018, providers are prohibited from balance billing above your plan’s in network cost-sharing amount (such as deductibles, copayments and coinsurance) for (1) inadvertent out-of-network services (meaning services that are covered under your health plan and are provided by out-of-network providers in an in-network facility when in-network services are unavailable or not made available to you, including laboratory testing); and (2) out-of-network services provided on an emergency or urgent basis. For more information about your rights under NJ law, visit www.state.nj.us/dobi/division_consumers/insurance/outofnetwork.html.

Agency contacts

If you believe you’ve been wrongly billed, you may contact the No Surprises Helpdesk at 1-800-985-3059. Visit www.cms.gov/nosurprises for more information about your rights under federal law.

For Pennsylvania assistance, you may contact:

Pennsylvania Insurance Department
1209 Strawberry Square Harrisburg, PA 17120
1-877-881-6388
https://www.insurance.pa.gov/Pages/default.aspx

For New Jersey assistance, you may contact:

NJ Department of Banking & Insurance
PO Box 471 Trenton, NJ 08625-0471
609-292-7272 or 1-800-446-7467
www.state.nj.us/dobi/consumer.htm

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