The No Surprises Act (NSA), effective January 1, 2022, limits surprise medical bills in specific situations. It doesn't cap all out-of-network costs — but it closes the most common billing traps: surprise ER bills from out-of-network physicians and unexpected charges from providers you didn't choose.
What the No Surprises Act covers
1. Emergency services
If you go to any ER — in-network or out-of-network — and receive emergency care, out-of-network providers cannot charge you more than your in-network cost-sharing (deductible, copay, coinsurance). This includes ER physicians, radiologists, anesthesiologists, and other providers at the ER, even if they are not in your network.
2. Non-emergency care at in-network facilities
If you're at an in-network hospital for a scheduled procedure and receive care from an out-of-network provider you didn't choose (common examples: anesthesiologist, assistant surgeon, radiologist), that provider cannot balance-bill you above your in-network cost-sharing — unless they gave you written notice at least 72 hours before and you signed a consent form agreeing to out-of-network charges.
3. Air ambulance
Ground ambulance is excluded, but air ambulance services from non-participating providers are covered by the NSA's surprise billing protections.
4. Good Faith Estimates for uninsured patients
Providers must give uninsured or self-pay patients a Good Faith Estimate at least 3 business days before any scheduled service. If the final bill exceeds this estimate by more than $400, you can dispute it.
What the No Surprises Act does NOT cover
- Out-of-network care at an out-of-network facility you chose to visit
- Ground ambulance services
- Routine billing errors, upcoding, or overcharges unrelated to network status
- Dental or vision services (separate insurance)
- Short-term health plans, grandfathered health plans, or most sharing ministries
How to use the No Surprises Act
- Identify the provider type. If you received a bill from a physician you didn't select (anesthesiologist, radiologist, hospitalist) while at an in-network facility, it may be a surprise bill covered by the NSA.
- Check that the bill isn't already NSA-compliant. Insurers should apply NSA protections automatically. If they didn't, call your insurer first.
- File a complaint with CMS if the insurer or provider won't apply NSA protections.
- Request the Good Faith Estimate before any scheduled procedure if you're uninsured.
- Still audit your bill for other errors. The NSA protects against surprise network charges but does nothing about duplicate charges, upcoding, or overpriced line items.