Patient guide · 9-min read

A Plain-English Guide to the No Surprises Act (2022)

The No Surprises Act ended a decade of advocacy by capping patient liability when an out-of-network provider treats you at an in-network facility. Here is how to use it.

What the NSA does

Effective January 2022, the No Surprises Act (Pub. L. 116-260, Div. BB, Title I; 42 U.S.C. § 300gg-111 et seq.) prohibits balance-billing for: (a) emergency services at any facility, (b) non-emergency services from out-of-network providers at in-network facilities, and (c) air ambulance. Patient liability is capped at the in-network cost-sharing amount.

What it does not cover

Ground ambulance was excluded from the initial NSA. Urgent-care facilities are not covered (only true ERs). And the protection can be waived by signing a specific NSA disclosure at least 72 hours before a scheduled procedure — but emergency and ancillary services (anesthesia, radiology, pathology, hospitalist, neonatology, assistant surgeon) can never have NSA protection waived.

How to invoke the NSA

When you receive a surprise out-of-network bill, the dispute letter asserts NSA protection, identifies the provider and line items, and demands the charges be reduced to in-network cost-sharing. If the facility refuses, file a federal complaint at 1-800-985-3059 or via cms.gov/nosurprises — there is no fee and they will contact the provider.

The independent dispute resolution process

If the insurer and the out-of-network provider dispute the appropriate reimbursement, they enter a federal IDR process. You as the patient are not party to that dispute and never owe more than the in-network cost-share regardless of how IDR resolves.

What this is: A document-preparation tool that helps you write a formal billing-dispute letter citing the federal rules that apply to your bill. What this isn't: A law firm. We do not provide legal advice, do not represent you, and cannot guarantee any specific outcome. You retain full control of whether and how to send the letter.

Frequently asked

Does the NSA apply to dental?

Not directly. NSA applies to medical and air-ambulance services. Some states have parallel dental surprise-billing laws.

How long does an NSA complaint take?

Federal complaints typically receive an initial response within 30 days. Many providers adjust the bill simply on receipt of the complaint.

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