Back to Knowledge Hub
Federal Law

No Surprises Act: Your Protection From Unexpected Medical Bills

The No Surprises Act protects you from surprise medical bills for emergency services and out-of-network providers at in-network facilities. Here's exactly what it covers and how to use your rights.

April 16, 2026
8 min read

The No Surprises Act (effective January 1, 2022) protects you from surprise medical bills for emergency services.

What's protected:

  • Emergency room visits at ANY facility — in-network or out-of-network
  • You can only be charged your plan's in-network cost-sharing (copay, coinsurance, deductible)
  • The emergency department cannot require prior authorization
  • This protection applies from the moment you arrive until you are stabilized

After stabilization:

  • Once stabilized, an out-of-network facility must give you written notice and get your consent before providing additional non-emergency services at out-of-network rates
  • You have the right to refuse and request a transfer to an in-network facility

Balance Billing Protection at In-Network Facilities

The No Surprises Act also protects you when you receive care from an out-of-network provider at an in-network facility.

The problem this solves: You go to an in-network hospital for surgery. The hospital is in-network, but the anesthesiologist turns out to be out-of-network. Previously, that anesthesiologist could bill you the full difference. That's "balance billing."

Your protection:

  • Out-of-network providers at in-network facilities cannot balance bill you
  • You only pay your in-network cost-sharing amount
  • This applies to: anesthesiologists, radiologists, pathologists, neonatologists, assistant surgeons, and other specialists you didn't choose

Exception – written consent:

  • A provider CAN bill out-of-network rates if they give you written notice at least 72 hours before the service AND you sign a consent form
  • This does NOT apply to emergency services or ancillary providers — you're always protected there
  • You can NEVER be asked to waive your rights for emergency care

How to use this right:

  • If you receive a surprise bill for emergency services, tell the provider: "This is covered under the No Surprises Act. I should only owe my in-network cost-sharing amount."
  • File a complaint at cms.gov/nosurprises or call 1-800-985-3059

Key detail: This applies to BOTH insured and uninsured patients. Uninsured patients have the right to a Good Faith Estimate before receiving care.

Official Source

https://www.cms.gov/nosurprises/consumers/protections-against-surprise-billing#:~:text=Emergency%20services,in-network%20cost%20sharing

This information comes from official government sources and regulations.

Need Help With Your Specific Situation?

BenefitGuard can analyze your insurance plan, denied claims, and medical bills to give you personalized guidance based on these rights and protections.

Related Topics

Federal Law

How to Appeal a Denied Insurance Claim: Complete Step-by-Step Guide

If your insurance denies a claim, you have the legal right to appeal. Most denials can be overturned with the right approach. Here's the exact process to follow.

Federal Law

How to Read Your Explanation of Benefits (EOB): Complete Guide

Your EOB isn't a bill, but it's critical for understanding what you owe and catching errors. Learn how to read every section and spot problems before you pay.

Federal Law

Emergency Room vs Urgent Care: Know Your Rights and Save Money

Understanding when to use the emergency room versus urgent care can save you thousands and get you faster treatment. Here are your rights in emergency situations.