What is the No Surprises Act, and when does it apply?
A bill from an out-of-network doctor you never picked, after an emergency or a procedure at an in-network hospital, is the kind of bill this federal law was written for. Whether it reaches your bill depends on your coverage and where the care happened.
Arun Verma, co-founder of Triangle · 2026-10-19
This is not clinical evidence and not medical advice. It does not replace your care team. Discuss anything here with your clinician before you act on it.
What is the No Surprises Act?
The No Surprises Act is a federal law that protects you from many unexpected out-of-network medical bills. The federal law went into effect on January 1, 2022. The federal rules that put it in place say it was part of the Consolidated Appropriations Act, 2021, signed into law on December 27, 2020. CMS says it applies to most types of health insurance and covers out-of-network bills from emergency room visits, from non-emergency care related to a visit to an in-network hospital, hospital outpatient department or ambulatory surgical center, and from air ambulance services. It also reaches people who don't have or don't use insurance: usually, providers must give them a good faith estimate of what their care will cost.
What counts as a surprise bill?
It's an unexpected bill from an out-of-network provider or facility for the part your plan didn't cover. Billing you for the part your plan doesn't cover is what CMS's overview calls balance billing, and it says a surprise bill can also include cost sharing above your in-network amounts. These bills are more likely when you don't get the chance to pick an in-network provider in advance, such as during a medical emergency. For non-emergency care, the protection is tied to four kinds of in-network facility: a hospital, a hospital outpatient department, a critical access hospital and an ambulatory surgical center.
What do I still owe when the Act applies?
Usually your normal in-network share. You can still owe cost sharing, which could include an unmet deductible, a copayment or coinsurance, but when the Act applies, CMS's overview says, your cost sharing for out-of-network care can't be greater than your in-network cost sharing. A bill toward a deductible you haven't met isn't a violation of the Act, CMS's dispute page notes.
Who is covered, and who isn't?
Most people with private coverage are. CMS's at-a-glance sheet lists plans through an employer or union, the Federal Employees Health Benefits program, the Health Insurance Marketplace and individual plans bought directly from an insurance company. People who don't have or don't use insurance are protected too, through the good faith estimate rules. The surprise billing protections don't apply to people whose only coverage is Medicare (including Medicare Advantage), Medicaid, the Children's Health Insurance Program, Indian Health Service, Veterans Affairs Health Care or TRICARE; CMS says those programs generally have separate protections against balance billing. Short-term limited duration plans, health care sharing ministry plans and fixed indemnity plans, like hospital indemnity insurance, sit outside the billing protections as well.
What doesn't the Act cover?
Ground ambulance bills are one gap. CMS says ground ambulance services generally aren't covered by the Act's billing protections, unless a state law has different rules, and they're still allowed to charge out-of-network rates. The protections also generally don't reach non-emergency care at an out-of-network facility, or at an in-network setting other than the four facility types above; the at-a-glance sheet gives a community health clinic or a doctor's office as an example. They don't apply when you waived them by signing a valid notice and consent form for care that can lawfully be waived, or when the care wouldn't have been covered by your plan even in-network, such as a service that isn't a covered benefit. A signed form does not waive protections for emergency care or for specified ancillary services such as anesthesiology, pathology, and radiology.
What is a notice and consent form?
It's a form that asks you to give up your surprise billing protections for care from an out-of-network provider. If you're scheduled for care at an in-network facility with an out-of-network provider, you may be asked to sign one, and signing can waive protections for that scheduled out-of-network care, CMS's at-a-glance sheet says. Federal rules do not allow that waiver for emergency care or for specified ancillary services such as anesthesiology, pathology, radiology, and neonatology. You don't have to sign it. Providers and facilities must use the standard federal form, or a state form that meets federal requirements, and can't make up their own. Where state law allows, a provider or facility can refuse to treat someone who doesn't consent, so you may need to reschedule with an in-network provider.
What is a good faith estimate?
It's an estimate of expected charges that providers usually must give you when you aren't using insurance to pay for the care. You get one if you schedule at least 3 business days ahead, or if you ask. Timing depends on how far ahead you book. Care scheduled 3 to 9 business days out brings an estimate within 1 business day, care 10 or more business days out within 3 business days, and a request before scheduling within 3 business days. Care booked 0 to 2 business days ahead isn't entitled to one, which also means estimates aren't required for emergency care or walk-in appointments. The estimate must include an itemized list and come on paper or by email, whichever you prefer. It might leave out separately scheduled items, care from another provider or facility, and services your doctor didn't anticipate. People enrolled in federal programs such as Medicare and Medicaid aren't entitled to one, even if they don't plan to use that coverage, the at-a-glance sheet says.
What if the bill is much higher than the estimate?
You may be able to dispute it. CMS's overview of key protections, revised June 2026, says that if the actual bill from a provider or facility is at least $400 higher than that provider's or facility's estimate, you may be able to challenge it through the patient-provider dispute resolution process. To qualify, CMS's dispute page says, you didn't have or use insurance for the care, you told the provider so beforehand, you got care on or after January 1, 2022, you have a good faith estimate you received 3 days before the scheduled appointment, and your initial bill is dated within the last 120 calendar days. An independent third party reviews the bill and decides an appropriate payment; filing carries a non-refundable fee. Your costs won't increase if you dispute. While the dispute runs, the provider can't move the bill into collections or threaten to, collect existing late fees on unpaid bills, or take action against you for disputing.
Where can I get help with a bill I think breaks these rules?
The No Surprises Help Desk, run by CMS, takes questions and complaints at 1-800-985-3059, with phone support 7 days a week. If you used insurance, the dispute process above isn't open to you. CMS's dispute page points to a complaint instead, for example for an out-of-network bill from an emergency room visit or an in-network facility, or when a provider didn't follow the notice and consent rules. The Help Desk can review whether surprise billing rules were followed, investigate, and refer a complaint to another federal or state authority. CMS's complaint page lists documents that help, such as the medical bill, a photo of your insurance card if you used insurance, an explanation of benefits, a good faith estimate and a signed notice and consent form. State surprise billing laws still count: the at-a-glance sheet says the Act sets a floor rather than replacing them, and names your state's Department of Insurance for more.
Sources
- HHS, Labor, Treasury and OPM: Requirements Related to Surprise Billing; Part I, interim final rules, 86 FR 36872 (Federal Register, July 13, 2021), Summary and section I.C: The interim final rules say the No Surprises Act was enacted as part of the Consolidated Appropriations Act, 2021, which was signed into law on December 27, 2020.
- CMS: Medical bill rights (No Surprises Act consumer page): CMS says the No Surprises Act is a federal law that went into effect on January 1, 2022, that it applies to most types of health insurance, and that it protects you from unexpected out-of-network medical bills from emergency room visits; non-emergency care related to a visit to an in-network hospital, hospital outpatient department, or ambulatory surgical center; and air ambulance services.
- CMS: Medical bill rights (No Surprises Act consumer page): CMS says that usually, if you don't have or use health insurance, providers must give you a good faith estimate of what your care will cost, when you schedule care in advance or if you ask for one.
- CMS: No Surprises Act, Overview of Key Consumer Protections (Revision Date 06/2026), p. 2: CMS's overview says balance billing occurs when a provider bills a consumer for the portion of a bill the plan doesn't cover, that surprise billing occurs when an out-of-network provider or facility unexpectedly bills a consumer for the uncovered balance, and that surprise billing may also include cost-sharing charges that exceed the consumer's in-network cost-sharing requirements.
- CMS: No Surprises Act, Overview of Key Consumer Protections (Revision Date 06/2026), p. 2: CMS's overview says consumers are more likely to receive a surprise bill when they don't have the chance to select an in-network provider in advance, such as during a medical emergency.
- CMS: No Surprises Act, Overview of Key Consumer Protections (Revision Date 06/2026), p. 2: CMS's overview says that, for non-emergency services under the No Surprises Act regulations, a health care facility is a hospital, a hospital outpatient department, a critical access hospital or an ambulatory surgical center (footnote 2).
- CMS: No Surprises Act, Overview of Key Consumer Protections (Revision Date 06/2026), p. 3: CMS's overview says consumers may still have some cost-sharing responsibility when the No Surprises Act applies, which could include unmet deductibles, copayments or coinsurance, but that when the Act applies, cost-sharing requirements for out-of-network items or services cannot be greater than in-network cost-sharing requirements.
- CMS: Dispute a medical bill: CMS's dispute page says that if you got a bill and haven't met your deductible, that's not a violation of the No Surprises Act.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), p. 1: CMS's at-a-glance sheet says the No Surprises Act protects consumers with group health plan coverage or group or individual health insurance, including coverage through an employer or union, the Federal Employees Health Benefits program, the Health Insurance Marketplace, or an individual plan purchased directly from an insurance company.
- CMS: Know your medical bill rights: CMS says the No Surprises Act protects people in the United States who use most types of private health insurance, don't use health insurance, or don't have health insurance, and that usually providers must give people not using insurance a good faith estimate.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), p. 1: CMS's at-a-glance sheet says the No Surprises Act protections do not apply to consumers who only have coverage through Medicare (including Medicare Advantage), Medicaid (including Medicaid managed care plans), the Children's Health Insurance Program, Indian Health Service, Veterans Affairs Health Care and TRICARE, and that these programs generally have separate protections against balance billing.
- CMS: Know your medical bill rights: CMS says services covered by short-term limited duration plans, health care sharing ministry plans, and fixed indemnity excepted benefits plans like hospital indemnity insurance aren't subject to (or part of) the billing protections of the No Surprises Act.
- CMS: Know your medical bill rights: CMS says ground ambulance services generally aren't covered by billing protections in the No Surprises Act (unless a state law has different rules) and are still allowed to charge out-of-network rates.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), p. 2: CMS's at-a-glance sheet says the Act does not protect consumers from surprise bills for non-emergency care provided at or related to a visit to an out-of-network facility, or an in-network setting other than an in-network hospital, hospital outpatient department, critical access hospital or ambulatory surgical center, and gives non-emergency services in a community health clinic or doctor's office as an example.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), p. 2: CMS's at-a-glance sheet says the Act does not protect consumers from surprise bills when the consumer waived their protections by signing a valid notice and consent form, or when the care wouldn't have been covered by the consumer's insurance even if provided in-network, for example treatment that is not a covered benefit.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), p. 2: CMS's at-a-glance sheet says a consumer scheduled for care at an in-network facility with an out-of-network provider may be asked to sign a notice and consent form, and that signing means the consumer agrees to receive care from an out-of-network provider and gives up their protections from unexpected out-of-network bills.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), p. 2: CMS's at-a-glance sheet says a consumer does not have to sign the consent form.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), p. 2: CMS's at-a-glance sheet says the provider or facility must use the standard notice and consent form issued by the federal government or their state, provided the state form meets federal requirements, and may not create their own.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), p. 2: CMS's at-a-glance sheet says a provider or facility can refuse to treat an individual who does not consent to waive their balance billing protections if allowed under state law, so the consumer may need to reschedule care with an in-network provider.
- CMS: What is a good faith health insurance estimate?: CMS's good faith estimate page says that usually, if you aren't using health insurance to pay for your care, your provider must give you a good faith estimate of expected charges if you request one or schedule services at least 3 business days in advance.
- CMS: What is a good faith health insurance estimate?: CMS's good faith estimate page says care scheduled 3-9 business days in advance brings the estimate within 1 business day, care scheduled 10 or more business days in advance within 3 business days, an estimate asked for before scheduling must come within 3 business days, and care scheduled 0-2 business days in advance isn't entitled to an estimate.
- CMS: No Surprises Act, Overview of Key Consumer Protections (Revision Date 06/2026), p. 21: CMS's overview says good faith estimates are not required if the service is scheduled fewer than 3 business days in advance, which also means they are not required for emergency care or walk-in appointments.
- CMS: What is a good faith health insurance estimate?: CMS's good faith estimate page says the estimate must include an itemized list with specific details and expected charges, and be given to you in the way you prefer, printed on paper or emailed.
- CMS: What is a good faith health insurance estimate?: CMS's good faith estimate page says an estimate might not include items or services scheduled separately, items or services provided by another provider or facility, or additional items or services the doctor didn't anticipate before providing care.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), pp. 2-3: CMS's at-a-glance sheet says people enrolled in federal programs, including Medicare and Medicaid, are not entitled to a good faith estimate even if the service is not covered or they don't intend to use their coverage.
- CMS: No Surprises Act, Overview of Key Consumer Protections (Revision Date 06/2026), p. 19: CMS's overview (Revision Date 06/2026) says that if the actual bill from a provider or facility is at least $400 higher than the estimate from that provider or facility, the consumer may be able to challenge the bill using the Patient-Provider Dispute Resolution process.
- CMS: Dispute a medical bill: CMS's dispute page says you can only dispute a bill if you didn't have or use insurance for the care, you told your provider beforehand that you weren't using insurance, you got care on or after January 1, 2022, you have a good faith estimate that you received from your health care provider or facility three (3) days before your scheduled appointment, and you have an initial bill dated within the last 120 calendar days.
- CMS: Dispute a medical bill: CMS's dispute page says an independent third party will review your bill and determine an appropriate payment, and that filing requires a non-refundable administrative fee.
- CMS: Dispute a medical bill: CMS's dispute page says your costs won't increase if you dispute your bill, and that while you're disputing, your provider or facility can't move your bill into collections or threaten to, collect existing late fees on unpaid bills until the process ends, or take action against you because you're disputing.
- CMS: Medical bill rights (No Surprises Act consumer page): CMS says you can call the No Surprises Help Desk with questions or to submit a complaint at 1-800-985-3059, with phone support 7 days a week.
- CMS: Dispute a medical bill: CMS's dispute page says that if you used health insurance you don't qualify to dispute a bill, and should submit a complaint if you received care on or after January 1, 2022 and got an out-of-network bill for a visit to the emergency room or an in-network facility, already paid more than in-network rates for such a visit, or your provider didn't follow the rules around notice and consent.
- CMS: Submit a provider or insurer complaint: CMS's complaint page says the No Surprises Help Desk can review a complaint to make sure the insurer, provider or facility followed surprise billing rules, investigate compliance with federal laws and policies under its jurisdiction, and refer the complaint to another federal or state enforcement authority if necessary.
- CMS: Submit a provider or insurer complaint: CMS's complaint page lists documents to provide if possible (your medical bill, a photo of your health insurance card if you used insurance, an explanation of benefits if you got one) and others to include if available, such as your good faith estimate and a signed and dated notice and consent form.
- CMS: The No Surprises Act at a Glance (Revision Date 1/2025), pp. 2-3: CMS's at-a-glance sheet says the No Surprises Act does not replace state surprise billing laws but creates a floor for consumer protections, that some state laws may provide additional protections, and points to your state's Department of Insurance for more information.
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