Who enforces the No Surprises Act?

Asked by: Billy Stroman  |  Last update: August 17, 2025
Score: 4.8/5 (49 votes)

States have primary enforcement authority over health insurance issuers, facilities, and providers (including air ambulance services providers) with respect to the No Surprises Act. The Centers for Medicare & Medicaid Services (CMS) directly enforces any provision that a state fails to substantially enforce.

How does the No Surprise Act work?

Under the No Surprises Act:

Out-of-network providers of emergency services may not bill more than the in-network cost sharing allowed based on the consumer's plan or insurance coverage. protections after receiving a written notice (in instances where consent is permitted).

What is the penalty for violating the No Surprise Act?

Healthcare providers that violate the No Surprises Act are subject to civil monetary penalties of up to $10,000. These penalties don't apply if the provider unknowingly violates the new law.

Why is surprise billing bad?

Abstract. Surprise medical bills received after care delivery in both emergency and non-emergency situations for out-of-network (OON) or other contractual health plan regulations adds additional stress upon the care guarantor, most often the patient.

Did Congress pass the No Surprises Act?

On Dec. 27, 2020, the No Surprises Act (NSA) was signed into law as part of the Consolidated Appropriations Act of 2021.

No Surprises Act Explained

45 related questions found

Who enforces no surprise act?

States have primary enforcement authority over health insurance issuers, facilities, and providers (including air ambulance services providers) with respect to the No Surprises Act.

What is the dispute process for the No Surprises Act?

The law requires that payers make prompt payments to out-of-network facilities or providers. Providers that consider the amount inadequate can challenge it using the NSA's independent dispute resolution (IDR) process. If the payer and provider cannot reach agreement, each party offers an amount.

Will my new insurance cover an old medical bill?

Conclusion: Will My Insurance Cover an Old Medical Bill? Your insurance will only cover an old medical bill if that insurance was in effect on the date medical services were provided. If you did not have health insurance in effect on the date of service, any new insurance won't pay for that old medical bill.

Who created the No Surprise Act?

On Dec. 27, 2020, President Donald Trump signed into law the Consolidated Appropriations Act of 2021. This legislation includes, among other things, the No Surprises Act (Act), which becomes effective Jan. 1, 2022.

Can you dispute er charges?

You should submit a complaint if you received care on or after January 1, 2022, and: You received an out-of-network bill for a visit to the emergency room or an in-network facility, You already paid more than in-network rates for a visit to the emergency room or an in-network facility, or.

Why is my Er bill so high?

Is this based on severity? Hospitals will bill you for a line item called “ER Visit Level” that is based on the complexity of your treatment. ER visit levels range from 1-5: ER visit level 1 is the most mild, while ER visit level 5 is the most severe.

Has the No Surprises Act been effective?

The federal No Surprises Act became effective Jan. 1, 2022.

Why did I get a medical bill if I have insurance?

With coinsurance, instead of paying a fixed amount each time you receive medical care, you may be required to pay a percentage of the total costs. For example, your insurance company may pay 80% of the cost, and you may be responsible for to pay for the remaining 20% of the bill.

How to lower hospital bill after insurance?

If you find any errors, document them and contact your provider's billing department to have them corrected. If you are trying to negotiate hospital bills after insurance has already gotten involved, it's not too late. Call your insurer or write a letter of appeal to get the charge reduced or removed.

Why am I being charged more than my copay?

Non-Covered Services: Some medical services or prescription medications may not be covered by your insurance plan. If this is the case, you will be responsible for the full cost of the service or medication, which may exceed your copayment.

What is the qualifying payment amount?

The qualifying payment amount (QPA) is the basis for determining individual cost sharing for items and services covered by the balance-billing protections in the No Surprises Act (NSA), under certain circumstances.

What is the No Surprise Act in layman's terms?

In the case of a surprise out-of-network service, the No Surprises Act requires that health plans make an initial payment to the provider (or transmit a notice of denial) within 30 days of the date the service is delivered but makes no prescription as to the amount of the payment.

What states have passed surprise billing legislation?

1. California

In July 2017, a new law took effect in California that protects consumers who use in-network hospitals or other health facilities, from being charged with surprise bills after receiving care from a provider who has not contracted with their insurer.

Why did Congress enact the No Surprises Act?

4 The law also creates a process for resolving disputes over payment rates between providers and plans and issuers under certain circumstances. The enactment of NSA, as well as several previous state surprise billing laws, was motivated by consumer concerns about the adverse financial impacts of surprise medical bills.

Can I throw away old medical bills?

Yes. After you've paid your bill, you can pretty much shred these unless they contain tax-deductible expenses. In that case, you'll need to keep them with your “tax stuff.”

What pre-existing conditions are not covered?

Is there health insurance for pre-existing conditions? Choosing a health plan is no longer based on the concept of a pre-existing condition. A health insurer cannot deny you coverage or raise rates for plans if you have a medical condition at the time of enrollment.

Do I have to pay a medical bill from 2 years ago?

Medical providers and hospitals have varying time limits by state to send bills, often ranging from months to several years. You are required to pay medical bills, either directly or through insurance, but financial assistance or payment plans may be available.

How do you win a billing dispute?

To win a chargeback dispute, you need to provide evidence to the bank that the product was delivered and any other relevant details of the transaction. Customer messages, delivery confirmations, and purchase history can be used as evidence to support a potential claim.

Has the No Surprises Act been successful?

Patients were protected from more than 10 million surprise medical bills thanks to reforms in the No Surprises Act, according to a new survey.

What providers does the No Surprises Act apply to?

The NSA protects most emergency services, including services received in hospital emergency departments, freestanding emergency departments and urgent care clinics that are licensed to provide emergency services. In addition, the law applies to air ambulance transport but not ground ambulance services.