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The No Surprises Act is a federal law that aims to protect patients from unexpected medical bills. The law applies to most healthcare providers, including physician offices.
Physician offices are considered "in-network" providers, which means they have a contract with a health insurer to provide care at a negotiated rate. This contract is a key aspect of the No Surprises Act, as it helps ensure that patients are not surprised by unexpected bills.
The law requires physician offices to provide patients with an estimate of their costs before receiving care. This is often referred to as a "good faith estimate." The estimate must be provided within three business days of scheduling the service.
What is the No Surprises Act
The No Surprises Act is a federal law that aims to protect patients from surprise medical bills. It was enacted in December 2020 as part of the Consolidated Appropriations Act.
The law specifically targets surprise bills from out-of-network providers, which can occur when a patient receives emergency care or is seen by an out-of-network specialist without their knowledge. Surprise bills can be financially devastating for patients.
The No Surprises Act applies to emergency services and certain non-emergency services provided by out-of-network providers. This includes services such as laboratory tests, imaging services, and anesthesia services.
Does the No Surprises Act Apply to Physician Offices
The No Surprises Act does apply to physician offices, specifically those that participate in Medicare or have at least 10% of their annual payments from Medicare.
Physician offices that don't meet these criteria are exempt from the Act's requirements.
Physician offices that are part of a hospital or health system are considered to be part of a "group" and are subject to the Act's rules.
The No Surprises Act requires physician offices to provide patients with a clear and concise notice of their rights and responsibilities.
Physician offices must also provide patients with an estimate of the costs of services, including any surprise billing.
Physician offices are prohibited from billing patients for balance billing, which is the practice of charging patients for services that were not covered by their insurance.
Payment Determination for Surprise Bills
The No Surprises Act aims to protect patients from surprise medical bills, but it's essential to understand how payment determination works in these situations.
Physician offices may be subject to the No Surprises Act, but only if they are considered out-of-network providers.
The payment determination process for surprise bills is based on the lower of the billed charge or the median in-network rate for the service.
In some cases, the payment determination may also consider the patient's insurance plan's out-of-network rate.
The patient's insurance plan will typically cover the majority of the bill, but the patient may still be responsible for paying the remaining balance.
The amount the patient owes is determined by the payment determination process, which can be complex and time-consuming.
The patient has the right to request an explanation of the payment determination and any remaining balance they owe.
Frequently Asked Questions
Does the No Surprises Act apply to mental health providers?
The No Surprises Act applies to all healthcare providers, including mental health providers, as defined in the Act's broad language. Mental health providers are covered under the Act's protections against surprise medical bills.
Sources
- https://www.in.gov/healthcarereform/no-surprises-act/
- https://www.uchicagomedicine.org/patients-visitors/patient-information/billing/no-surprises-act
- https://iid.iowa.gov/legal-resources/legal-information/no-surprises-act/no-surprises-act-consumer-information
- https://www.hopkinsmedicine.org/patient-care/patients-visitors/billing-insurance/no-surprises-act
- https://www.kff.org/affordable-care-act/issue-brief/no-surprises-act-implementation-what-to-expect-in-2022/
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