No Surprises Act: Patient Protection from Surprise Bills

What Is the No Surprises Act

The No Surprises Act, effective January 1, 2022, protects patients from unexpected out-of-network medical bills. It limits balance billing—the practice of sending patients bills for services not fully covered by insurance—when patients receive emergency care or services from out-of-network providers at in-network facilities. The law requires Good Faith Estimates for non-emergency services, giving patients transparency before receiving care.

Who It Affects

The No Surprises Act applies to all health plans, including Medicare Advantage, Medicaid, CHIP, and commercial plans. Hospitals, ambulatory surgical centers, skilled nursing facilities, and healthcare providers must comply. Healthcare networks, physician practices, and administrative staff must understand and implement requirements. Patients benefit through reduced financial exposure and increased price transparency across all covered services.

Key Requirements

  1. Prohibit balance billing for emergency services regardless of network status
  2. Prohibit balance billing when out-of-network providers deliver care at in-network facilities without patient direction
  3. Limit cost-sharing for emergency services to in-network levels
  4. Provide Good Faith Estimates for non-emergency scheduled services at least 3 business days before the service
  5. Publish negotiated rates and allowed amounts for transparency
  6. Establish processes for patients to dispute bills and file complaints
  7. Respond to balance billing complaints within specified timeframes
  8. Implement Independent Dispute Resolution (IDR) for provider-payer payment disputes

Timeline and Enforcement

The No Surprises Act became effective on January 1, 2022, with phased implementation for IDR requirements. Enforcement occurs through state insurance departments, federal agencies, and patient complaints. Violations can result in significant penalties for health plans and providers, with state attorneys general actively monitoring compliance across the healthcare system.

How to Comply

  1. Audit current billing practices to identify balance billing scenarios
  2. Train billing and network teams on emergency service protections
  3. Establish Good Faith Estimate processes for all non-emergency scheduled procedures
  4. Implement cost-sharing calculation systems that apply in-network rates to emergency services
  5. Join or establish IDR processes for provider payment disputes
  6. Create patient-friendly complaint resolution procedures
  7. Document all compliance efforts and maintain audit trails

Frequently Asked Questions

Does the No Surprises Act apply to telehealth services?

Telehealth services generally fall under the No Surprises Act protections, though specific rules depend on the service type and whether the patient initiated the out-of-network relationship.

What happens when a provider balance bills in violation of the act?

Patients can file complaints with state insurance regulators or federal agencies. Providers may face civil penalties and enforcement actions. Patients can also file claims in small claims court for recovered amounts.

Are ambulance services covered under the No Surprises Act?

Yes, non-emergency ambulance services are covered. Emergency ambulance services (ground and air) receive special protections, with air ambulances from out-of-network providers treated as emergency services.

Related Resources

Surprise Billing Protection Rules | Balance Billing Laws | CO-45 Charges Exceed Allowable

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This content is provided for informational purposes only and does not constitute legal or compliance advice. Consult with your legal and compliance teams regarding specific obligations under the No Surprises Act. Altair by S7 Lab is not responsible for changes in regulations or their interpretation.