No Surprises Act Protections
- Emergency services: Plans must cover emergency services at in-network cost-sharing, regardless of provider network status
- Non-emergency services at in-network facilities: Plans must cover non-emergency services by out-of-network providers at in-network facilities at in-network cost-sharing (with notice and consent exceptions)
- Air ambulance services: Plans must cover air ambulance services at in-network cost-sharing
- Balance billing prohibition: Out-of-network providers cannot bill patients more than in-network cost-sharing for covered services
Independent Dispute Resolution
When a plan and an out-of-network provider cannot agree on payment, either party can initiate the IDR process. A certified IDR entity selects between the plan's offer and the provider's offer — it cannot split the difference. The IDR entity must consider the qualifying payment amount (QPA) and other factors. The losing party pays the IDR fee.
AEOB Status
Compliance Note
The advance explanation of benefits (AEOB) requirement — requiring plans to provide cost estimates before scheduled services — is pending rulemaking as of September 2026. Plans are not yet required to provide AEOBs. Monitor regulatory developments for implementation guidance.