Out-of-network billing is affected by both federal and state requirements. Providers must understand when balance billing is allowed, when additional patient protections apply, and what documentation is required before billing a patient for out-of-network services.
MZ Medical Billing helps providers manage out-of-network claims while considering applicable billing requirements, payer rules, and compliance obligations that affect reimbursement.
No Surprises Act Compliance
The No Surprises Act (NSA) established federal protections against unexpected out-of-network medical bills in certain situations. While the law primarily focuses on protecting patients, it also affects how providers submit claims, communicate costs, and resolve payment disputes with insurance companies.
The No Surprises Act applies to situations including:
Emergency Services
Emergency services provided by out-of-network facilities or providers are generally protected under the No Surprises Act. Patients cannot be billed beyond the applicable in-network cost-sharing amount for covered emergency care.
Providers must follow the applicable claim submission and payment dispute processes when reimbursement disagreements occur.
Certain Out-of-Network Providers at In-Network Facilities
Patients may receive care at an in-network facility but still be treated by an out-of-network provider, such as:
- Anesthesiologists
- Radiologists
- Emergency physicians
- Pathologists
- Other specialists involved in facility-based care
In these situations, additional billing protections may apply, and providers must follow the required notice and consent rules when applicable.
Notice and Consent Requirements
For certain scheduled out-of-network services, providers may be required to provide patients with a notice explaining their out-of-network status, expected charges, and available options before receiving consent to proceed.
Proper documentation of these notices and patient decisions is important when billing services that fall under federal surprise billing protections.
Independent Dispute Resolution (IDR)
When an out-of-network payment dispute occurs between a provider and insurance company, eligible claims may qualify for the federal Independent Dispute Resolution (IDR) process.
The IDR process allows both parties to submit information supporting their position, and an independent certified entity reviews the dispute and determines the appropriate payment amount according to applicable requirements.
State Balance Billing Requirements
In addition to federal requirements, many states have their own rules regarding surprise billing, balance billing, patient disclosures, and dispute resolution.
These requirements can vary based on:
- State location
- Type of healthcare service
- Insurance plan
- Provider setting
- Patient coverage
Providers operating across multiple states must account for different billing requirements rather than applying a single process to every claim.
California AB 72
California’s AB 72 established protections against certain surprise medical bills involving out-of-network providers at in-network facilities. The law limits patient responsibility in covered situations and establishes payment rules between providers and health plans.
Florida Out-of-Network Billing Requirements
Florida has specific requirements related to balance billing disclosures, patient protections, and insurance claim practices. Providers must follow applicable state requirements when billing patients for out-of-network services.
New York Surprise Billing Protections
New York has additional protections for certain out-of-network healthcare services, including requirements related to patient disclosures and dispute resolution procedures.
Understanding federal and state requirements is an important part of managing out-of-network claims. MZ Medical Billing incorporates applicable billing rules into claim workflows, documentation review, and reimbursement follow-up to help providers handle OON billing responsibly.