No Surprises Act

No Surprises Act

No Surprises Act

Effective January 2022, the Act prohibits balance billing patients for out-of-network emergency services and for non-emergency services delivered by out-of-network providers at in-network facilities. Patients pay only in-network cost sharing.

Payment disputes between providers and payers are resolved through an independent dispute resolution process rather than litigation.

Alternative Names:

NSA, Surprise Billing Law

Why it Matters?

The Act shifted a large volume of provider-payer conflict from billing litigation into arbitration, and the volume of disputes has substantially exceeded projections. For injury litigation the practical effect is on medical damages, since out-of-network emergency charges that once generated large balance bills are now capped, which affects the billed versus paid analysis in the affected categories.

Frequently Confused with

Related terms

Frequently asked questions

What does the No Surprises Act prohibit?

What does the No Surprises Act prohibit?

Balance billing patients for out-of-network emergency care and for out-of-network services provided at in-network facilities, limiting patients to in-network cost sharing.

How are payment disputes resolved?

How are payment disputes resolved?

Through a federal independent dispute resolution process in which each side submits an offer and an arbitrator selects one, rather than through litigation.