No Surprises Act

No Surprises Act

You can receive a “Good Faith Estimate” explaining how much your health care will cost. 

Under the law, healthcare providers must give patients who don’t have or are not using certain types of healthcare coverage an estimate of their bill for healthcare items and services before they are provided.

  • You can receive a Good Faith Estimate for the total expected cost of any healthcare items or services upon request or when scheduling such items. This includes expenses like medical tests, prescription drugs, equipment, and hospital fees.
  • If you schedule a healthcare item or service at least three business days in advance, ensure your healthcare provider or facility gives you a Good Faith Estimate in writing within one business day after scheduling. If you schedule a healthcare item or service at least ten business days in advance, make sure your healthcare provider or facility gives you a Good Faith Estimate in writing within three business days. You can also ask any healthcare provider or facility for a Good Faith Estimate before you schedule an item or service. If you do, ensure the health care provider or facility gives you a Good Faith Estimate in writing within three business days after you ask.
  • You can dispute the bill if you receive a bill that is at least $400 more for any provider or facility than your Good Faith Estimate from that provider or facility.
  • Save a copy or picture of your Good Faith Estimate and the bill.

For questions or more information about your right to a Good Faith Estimate, visit www.cms.gov/nosurprises/consumers, email FederalPPDRQuestions@cms.hhs.gov, or call 1- 800-985-3059.

Your Rights and Protections Against Surprise Medical Bills

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 must pay the entire bill if you see a provider or visit a healthcare facility that isn’t in your health plan’s network.

“Out-of-network” means providers and facilities without a contract with your health plan to provide services. Out-of-network providers may bill you for the difference between what your plan pays and the total 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. It 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.

Your Rights and Protections Against Surprise Medical Bills

Emergency services

Suppose you have an emergency medical condition and get emergency services from an out-of-network provider or facility. In that case, the most they can bill you is your plan’s in-network cost-sharing amount (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 balanced billed for these post-stabilization services.

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

Certain providers may be out-of-network when you get services from an in-network hospital or ambulatory surgical center. In these cases, the providers that can bill you the most are 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 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. You also 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 (like the copayments, coinsurance, and deductible you would pay if the provider or facility were in-network). Your health plan will directly pay any additional costs to out-of-network providers and facilities.

Generally, your health plan must:

  • You can cover emergency services without requiring approval for services in advance (also known as “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 or out-of-network services toward your in-network deductible and out-of-pocket limit.

If you’ve been wrongly billed, contact the federal phone number for information and complaints at 1-800-985-3059. Visit www.cms.gov/nosurprises/consumers for more information about your rights under federal law.

For more information regarding state-specific laws, please refer to your state’s No Surprises Act legislation. If you have additional questions, please reach out to the Compliance Hotline at 1-800-308-0994.