Balance Billing Restrictions Notice
Individuals are protected from surprise medical bills under both Michigan and federal law.
Federal No Surprises Act
Emergency Services: In general, an out-of-network provider may not balance bill a participant, beneficiary, or enrollee (“Member”) for emergency services. When a health plan covers a Member’s emergency services, the health plan must also cover emergency services a Member receives without prior authorization, even if the emergency services were out-of-network. If the emergency services are provided out-of-network, the health plan cannot impose on the Member any cost-sharing that is more restrictive than the in-network emergency services cost sharing would be. The Member’s cost-sharing payments for these emergency services must be counted toward their in-network deductible or out-of-pocket maximums for their current plan.
Non-Emergency Services:
In general, an out-of-network provider may not bill a Member for nonemergency services received at an in-network facility for more than the Member’s in-network cost-sharing amount. The non-emergency services must have been a benefit under the Member’s plan or coverage. Any of the Member’s cost-sharing payments for these services must be counted toward any in-network deductible or out-of-pocket maximums applied under the plan or coverage. These billing and cost-sharing restrictions would not apply if the provider gave the Member a proper notice and consent.
Notice and Consent Exception:
The balance billing restrictions for non-emergency services would not apply if the provider gave the Member a proper notice of the provider’s out-of-network status to which the Member consented. If the out-of-network provider obtained a proper notice and consent from the Member, then the outof-network provider would not be limited to collecting the in-network cost sharing amount from the Member.
Michigan Surprise Medical Billing Law
Emergency Services: In general, an out-of-network provider may not charge a Member more than the Member’s in-network coinsurance, copayment, or deductible for emergency services provided at either an innetwork or out-of-network facility, so long as the Member’s health benefit plan covers the emergency services provided.
Non-Emergency Services: In general, an out-of-network provider may not charge a Member more than the Member’s in-network coinsurance, copayment, or deductible for non-emergency services provided at an innetwork facility. This billing restriction for applies when the Member’s plan otherwise covers the non-emergency services provided to the Member, and either the Member doesn’t have the ability or opportunity to choose an innetwork provider or the Member was not provided with a proper disclosure of the provider’s out-of-network status prior to the services.
State/Federal Contact Information: If you believe a provider has violated any balance billing restrictions, you may contact the following agencies.
Michigan:You may file a complaint with the Michigan Department of Licensing and Regulatory Affairs online at https://www.michigan.gov/lara/0,4601,7-154-89334_72600_73836_93200-498824--,00.html.
Federal: U.S. Department of Health and Human Services, by phone at 1-877-696-6775.
MSU Health Care clinics are not considered facilities that are in or out of network.