Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Medical bills are confusing, often incorrect, and sometimes shockingly high. The Centers for Medicare & Medicaid Services (CMS) provides official guidance on the No Surprises Act and healthcare billing rights. Understanding your rights - especially under the No Surprises Act - helps you fight unfair charges, appeal insurance denials, and manage medical debt without destroying your finances.
No Surprises Act: Since 2022, federal law protects you from surprise bills for emergency services and from out-of-network providers at in-network facilities. You can't be billed more than in-network rates in these situations.
Common Billing Problems
Hospital Bill Issues
- Surprise bills from out-of-network providers
- Charges for services not received
- Duplicate charges
- Incorrect coding
- Facility fees not disclosed
- Balance billing after insurance
Insurance Denials
- Claim denied as not medically necessary
- Prior authorization issues
- Out-of-network denials
- Coding errors causing denial
- Experimental treatment denials
Billing Errors
- Charges for cancelled procedures
- Wrong patient charges
- Incorrect dates of service
- Unbundled charges (should be grouped)
- Upcoding (billing for more expensive service)
No Surprises Act Protection
What's Protected
- Emergency services (any facility)
- Out-of-network providers at in-network facilities
- Air ambulance from out-of-network providers
- Can't require you to waive protections
Your Rights
- Only pay in-network cost-sharing
- Out-of-network care counts toward deductible
- Must receive good faith estimate (uninsured)
- Can dispute bills exceeding estimate by $400+
How to Use Protection
- Check if bill is protected situation
- Calculate what in-network would cost
- Dispute any amount above that
- File complaint if provider won't comply
Don't Sign Waivers: Providers may try to get you to waive No Surprises Act protections. You generally don't have to sign, and emergency services can't require waivers.
Disputing Hospital Bills
Request Itemized Bill
- You have right to detailed breakdown
- Every charge should be listed
- Compare to services actually received
- Look for duplicate or unknown charges
Review for Errors
- Services you didn't receive
- Duplicate charges
- Incorrect dates
- Wrong insurance information
- Charges after discharge date
Dispute Process
- Request itemized bill
- Identify specific errors
- Put dispute in writing
- Request investigation
- Escalate if not resolved
Appealing Insurance Denials
Internal Appeal
- Must be allowed by law
- Usually 180 days to file
- Request all denial information
- Submit supporting documentation
- Get decision within 30-60 days
External Review
- Available after internal appeal denied
- Independent third party reviews
- Decision is binding on insurer
- No cost to you
- Usually 45 days for decision
Appeal Tips
- Get doctor's letter of medical necessity
- Include all relevant records
- Cite plan language that supports coverage
- Be specific about why denial is wrong
- Meet all deadlines
Expedited Appeals: For urgent situations, you can request expedited appeal. Decision must come within 72 hours for urgent cases.
Negotiating Medical Bills
Request Financial Assistance
- Nonprofit hospitals required to offer
- Based on income and family size
- May reduce or eliminate bill
- Ask for application
Negotiate Payment
- Ask for cash-pay discount
- Request payment plan
- Offer lump sum settlement
- Compare to Medicare rates
Negotiation Tips
- Research fair prices (Healthcare Bluebook)
- Start with 50% reduction request
- Get any agreement in writing
- Pay agreed amount promptly
- Don't ignore bills - negotiate early
Medical Debt Protection
Credit Reporting Rules
- Medical debt can't appear for 1 year
- Paid medical debt removed from reports
- Debt under $500 excluded
- Can dispute inaccurate reporting
Collection Protections
- Right to validate debt
- Dispute inaccurate amounts
- Request payment verification
- Negotiate with collectors
What Collectors Can't Do
- Harass or threaten
- Call at unreasonable times
- Discuss debt with others
- Misrepresent debt amount
- Sue after statute expires
Don't Ignore Bills: Even disputed bills can go to collections. Dispute in writing while negotiating, but don't just ignore correspondence.
Filing Complaints
Where to Complain
- State insurance department: Insurance denials
- CMS: No Surprises Act violations
- State AG: Billing fraud
- CFPB: Medical debt collection
- State medical board: Provider misconduct
What to Include
- Dates of service
- Provider and facility names
- Insurance information
- Bills and explanation of benefits
- Documentation of dispute attempts
Special Situations
Emergency Room Bills
- No Surprises Act applies
- Can't balance bill for emergency
- Facility fees may be separate
- Request itemization
Ambulance Bills
- Air ambulance protected
- Ground ambulance NOT covered by No Surprises Act
- May still be able to negotiate
- Check state laws
Out-of-Network Providers
- Protected at in-network facilities
- Not protected if you chose out-of-network
- Can still negotiate
- Appeal if mis-coded
Fight Your Medical Bill
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