Out-of-Network Appeal Help

Denied for Out-of-Network Care? The No Surprises Act Protects You

Federal law prohibits surprise medical billing for emergency care and many non-emergency services. If your insurer denied your out-of-network claim, you likely have stronger protections than you realize.

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The No Surprises Act: Your Shield Against Surprise Bills

The No Surprises Act (Public Law 117-169), effective January 1, 2022, is the most significant patient financial protection law in a generation. It specifically addresses the problem of patients receiving massive bills from out-of-network providers they did not choose or could not avoid.

Emergency Services

All emergency care must be covered at in-network rates, regardless of which facility or provider you see. No balance billing allowed.

Surprise Providers

Out-of-network providers at in-network facilities (anesthesiologists, radiologists, etc.) cannot balance bill you if you did not choose them.

Air Ambulance

Out-of-network air ambulance services are covered at in-network rates. You pay only your in-network cost-sharing amount.

The Prudent Layperson Standard

Emergency care coverage is based on your symptoms at the time you sought treatment, not the final diagnosis. If a reasonable person would have believed they needed emergency care, the insurer must cover the visit. Insurers cannot retroactively deny emergency claims because the final diagnosis was not life-threatening.

Out-of-Network Denials: The Numbers

~55%
Appeal success rate for out-of-network denials
1 in 5
Emergency room visits result in a surprise OON bill
$1,219
Average surprise out-of-network bill (pre-NSA)

Sources: Peterson-KFF Health System Tracker, CMS No Surprises Act data, state insurance department reports

How AppealArmor Fights Your Out-of-Network Denial

1

Upload Your EOB or Denial Letter

Upload the denial or surprise bill. Our AI identifies whether the No Surprises Act, state balance billing laws, or network adequacy requirements apply to your specific situation.

2

We Identify Your Protections

AppealArmor determines whether your situation is covered by the No Surprises Act, the prudent layperson standard, state network adequacy laws, or balance billing prohibitions. We cite the specific statutory sections and regulations that apply.

3

Download Your Appeal Packet

Your packet includes an appeal letter citing the No Surprises Act and applicable state law, a complaint to report illegal balance billing if applicable, and instructions for requesting Independent Dispute Resolution (IDR) if needed.

Even Voluntary OON Care May Be Covered

If you chose to go out-of-network, you may still have strong grounds for appeal. Many states require insurers to cover out-of-network care at in-network rates when their network is inadequate. This applies when:

  • No in-network provider is available within a reasonable distance or timeframe for your specialty or condition.
  • The in-network wait time would cause a delay in treatment that could harm your health.
  • The out-of-network provider has specialized expertise not available from any in-network provider.
  • You are continuing care with a provider who left the network mid-treatment (continuity of care protections).

Frequently Asked Questions

Does the No Surprises Act protect me?

If you received emergency care, or if you were treated by an out-of-network provider at an in-network facility without choosing that provider, the No Surprises Act protects you. You can only be charged your in-network cost-sharing amount (copay, coinsurance, deductible). The provider cannot send you a balance bill for the remainder.

What is the prudent layperson standard?

Emergency coverage is determined by your symptoms, not the final diagnosis. If a reasonable person with average medical knowledge would have believed they needed emergency treatment based on their symptoms, the visit must be covered. Chest pain that turns out to be heartburn is still a covered emergency visit because a prudent layperson would seek immediate care for chest pain.

Can I be balance billed for emergency care?

No. Under the No Surprises Act, balance billing for emergency services is prohibited. If you receive a balance bill for emergency care, report it to CMS at 1-800-985-3059 and to your state insurance department. The provider and insurer must resolve payment disputes through the Independent Dispute Resolution process -- not by billing you.

What if I chose to go out of network?

You can still appeal. If the insurer's network lacked an available provider for your condition, state network adequacy laws may require in-network coverage rates. If you signed a consent form waiving No Surprises Act protections, that waiver may be invalid if it was not properly presented or if it was signed under coercion. AppealArmor identifies the strongest legal arguments for your specific situation.

Out-of-network appeal guides by insurer

Calculate your OON appeal deadline →

You Should Not Pay for the Insurer's Network Gaps

Upload your out-of-network denial and let AppealArmor identify every legal protection available to you. The No Surprises Act is on your side.

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