Your rights and protections against surprise Medical Bills
When you receive care or get treated by an out-of-network provider at an in-network hospital, you are protected from surprise billing or balance billing.
What is “balance billing” (sometimes called “surprise billing”)?
When you see a doctor or other healthcare provider, you may owe certain out of pocket costs, such as a copayment, coinsurance, and/or a deductible. You may have other costs or need to pay the entire bill if you see a provider or visit a health care facility that is not in your plan’s network.
“Out-of-network” describes providers and facilities that have not 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 cannot control who is involved in your care—like 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 cannot 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:
When you receive services from an in-network hospital, 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 cannot balance bill you and may not ask you to give up your protections to not be balanced billed.
If you receive other services at these in-network facilities, out of network providers cannot balance bill you unless you give written consent and give up your protections.
You are never required to give up your protections from balance billing. You also are not required to get care out-of-network. You can choose a provider or facility in your plan’s network.
When balance billing is not allowed, you also have the following protections:
- You are only responsible for paying your share of the cost (copayments, coinsurance and deductibles that you would pay if the provider of the 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.
If you believe you are being wrongly billed, you may contact the Northeast Rehabilitation Hospital Business office at 603-890-7600 for further assistance.
Additional information is available:
Visit: https://www.nh.gov/insurance/consumers/documents/balance_billing_surprise_billing.pdf
New Hampshire Department of Insurance at 1-603-271-2261, https://www.nh.gov/insurance/complaints/index.htm
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section228 for more information on rights under MA state law.
Massachusetts Attorney General’s office at 1-888-830-6277, or https://www.mass.gov/how-to/file-a-health-care-complaint
Center for Medicare Services (CMS) at 1-800-985-3059, website: https://www.cms.gov/nosurprises