The No Surprises Act (effective 2022) bars balance billing for most emergency services, for out-of-network providers at in-network facilities, and for air ambulance — you owe only your in-network cost-sharing, and the rest is settled between the provider and the plan. For uninsured and self-pay patients, a good-faith estimate and a patient-provider dispute process apply. This is the consumer-protection side; the provider-versus-plan payment fight runs through the separate federal IDR.
What's protected
- Emergency services, including care until you're stable enough to safely transfer.
- Non-emergency care from an out-of-network provider at an in-network facility — the ancillary clinicians you don't choose (anesthesia, radiology, pathology, assistant surgeon).
- Air ambulance transport.
The notable gap
What you actually owe
For protected services you owe only your in-network cost-sharing — the deductible, coinsurance, or copay you'd pay as if the care were in-network. The provider and the plan resolve the rest between themselves through open negotiation and, if needed, the federal independent dispute resolution process. You should not be asked to pay the difference between the provider's charge and the plan's payment.
Uninsured or self-pay: the good-faith estimate
If you're uninsured or paying out of pocket, the provider must give you a good-faith estimate of expected charges before scheduled care. If the final bill exceeds that estimate by at least $400, you can challenge it through the patient-provider dispute resolution process.
How to dispute a surprise bill
- 1
Confirm the service was protected
Emergency care, an out-of-network provider at an in-network facility, or air ambulance fall under the law; ground ambulance generally does not.
- 2
Compare the bill to in-network cost-sharing
You should owe only the in-network deductible/coinsurance/copay. Anything billed above that for a protected service is the issue.
- 3
Tell the provider and plan it violates the NSA
State in writing that the balance bill is barred by the No Surprises Act and ask for a corrected bill and a reprocessed claim at in-network cost-sharing.
- 4
Escalate to the federal help desk or PPDR
If it isn't resolved, file a complaint with the federal No Surprises Help Desk; if you're self-pay and the bill exceeds the good-faith estimate by $400+, use patient-provider dispute resolution.
Frequently asked
Can I be balance-billed for an emergency room visit?
Does it cover ground ambulance?
I already paid a surprise bill — can I get it back?
Primary sources: CMS — No Surprises Act / surprise billing; 45 CFR Part 149 (surprise billing protections). General information, not legal or medical advice — confirm against the governing rule for the plan type.
When the appeal has to be written, and cited
Upload the denied EOB and Merits returns a complete, citation-verified appeal letter — the clinical argument, the payer's own coverage criteria, and your federal appeal rights — in about a minute.
