Surprise Medical Bills: ER Is In Network, But Doctor Isn't (2024)

Ouch! Jeffrey Craig Hopper got good emergency treatment after being hit in the eye with a baseball in June. But months later he was slapped with an extra medical bill he never expected. Jennifer Hopper hide caption

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Jennifer Hopper

Ouch! Jeffrey Craig Hopper got good emergency treatment after being hit in the eye with a baseball in June. But months later he was slapped with an extra medical bill he never expected.

Jennifer Hopper

Jeffrey Craig Hopper is a probate attorney and Little League coach in Austin, Texas, so he knows all about following the rules. Still, accidents happen. Last June on the Little League field, an errant baseball smashed into his face.

His wife, Jennifer, remembers rushing to the field.

"His eye was swollen shut enough that we weren't sure if he could see," she says.

Even in that moment of panic, Jennifer Hopper realized that there are rules when it comes to using health insurance that can hugely influence the size of the medical bill. Care providers who are "in network," she knew, cost much less, so she made absolutely sure to drive Jeffrey to the emergency room of a hospital in Austin that is part of their insurance network.

That sounds straightforward, but, as the couple soon learned, it doesn't always work out that way — some patients still get slapped with big bills, even when they try to play by the rules.

In the end, Jeffrey was OK — the ball broke some facial bones around his eye, but they healed and his vision was fine. Jennifer, however, was surprised by what happened next. After she'd already settled with the hospital, paying the copayments for the ER, the ER doctor sent the couple a separate bill for more than $700.

"It felt kind of random," she says. "How do I know who's going to charge me, and who's not going to?"

Like many patients, Hopper assumed that if she went to a hospital that the insurance company had designated as being within her network, the doctors who work there would also, of course, be in the network.

But that's not necessarily true. Emergency room doctors, radiologists and anesthesiologists often don't work for the hospital. They work for themselves, often in large practice groups, and it's up to them to sign their own deals with insurance companies.

Many of them don't. In those situations, the doctors can bill the patient for whatever the insurance company wouldn't cover — because the coverage took place within the approved hospital network, but outside the approved network of physicians.

"I couldn't let that go — it just felt wrong," Hopper says, "because there was no way out. There was obviously no way we could have avoided the situation, given our emergency."

The Center for Public Policy Priorities recently analyzed ER billing by the three biggest insurers in Texas — Humana, Blue Cross and United Healthcare.

The report found that in more than half of Humana's Texas hospitals, none of the ER doctors who see patients there were within Humana's network.

The same was true at just under half the Texas hospitals that take United Healthcare insurance, and at about a fifth of those that take Blue Cross.

Stacey Pogue, a health policy analyst and the report's author, says that sort of arrangement is unfair to patients.

"No other consumer services are sold to us this way," she says. "It would be like going into a restaurant, and ordering a meal and then getting a bill from the waiter, and from the restaurant separately, and the cook separately and the busboy separately. And some of them will negotiate with you on the price, and some of them will accept coupons, and the others don't."

Texas insurers have said they would like emergency room doctors to join their networks, but can't force them to.

The ER doctors counter that insurance companies often don't pay them enough, even if they do join the network.

The economics of ERs are complex, explains Dr. Bruce Moskow, president of the Texas College of Emergency Physicians.

"In an emergency department we see everyone, and we're not even legally allowed to ask if they're going to pay their bill," Moskow says. "Large numbers of people pay nothing."

There is a mediation process in Texas for some of these out-of-network bills, but it's only for certain types of insurance, and for certain situations.

Some other states have tried to tackle the problem. In California, ER doctors aren't allowed to send a separate bill to HMO patients. In New York, a newly passed law requires out-of-network doctors and insurers to hash out payment on their own, and leave patients out of it.

Texas legislators have held hearings on this issue recently, but the discussions haven't yet led to any new regulations.

Jennifer Hopper says she spent weeks appealing her bill, going back and forth between the doctors and the insurance carrier. Eventually she filed a complaint with state regulators. After that, she says, the bill simply disappeared.

Pogue says the typical advice — for patients to "do their homework" ahead of time and know who's in their network and who isn't — isn't always possible, especially in the middle of an emergency.

"If you're wheeled into the emergency room door, you can't ask the emergency room physician who runs up to stabilize you, 'Are you in network or out of network?' That physician needs to be concentrating at that point on giving you lifesaving care, not rattling off the list of insurance companies that he or she contracts with," she says.

Jennifer Hopper tried to do her homework by figuring out where to go for a possible future ER visit. Online, she searched her health plan to find ER doctors who were actually in her insurance plan's network. But she found fewer than five at the hospitals her plan uses in Austin. She doubts the odds of getting those doctors the next time she or a family member needs care.

"So the reality," she says, "is that all the transparency in the world doesn't change the fact that — knowing everything — I could not be sure I would get a different outcome."

This story is part of a reporting partnership that includes Houston Public Media, NPR and Kaiser Health News.

Surprise Medical Bills: ER Is In Network, But Doctor Isn't (2024)

FAQs

What is the US surprise billing law? ›

The No Surprises Act (NSA) establishes new federal protections against surprise medical bills that take effect in 2022. Surprise medical bills arise when insured consumers inadvertently receive care from out-of-network hospitals, doctors, or other providers they did not choose.

Why do ER doctors bill separately? ›

In some cases, they are not hospital employees, and do bill separately for their services, which can result in quite a shock when you receive the bill, as the doctors might not even be covered providers with your insurance. This is especially the case if your care required a specialist to be brought in.

How do I argue my medical bill? ›

1. Understand your medical bill.
  1. Request an itemized bill. Like a receipt, an itemized bill breaks down all the charges, including the cost of each procedure, medication, and service. ...
  2. Double-check your medical codes. ...
  3. Compare prices. ...
  4. Offer to pay upfront. ...
  5. Try a payment plan. ...
  6. Negotiate based on comparable rates.
Feb 15, 2024

How can I avoid surprise medical bills? ›

When you get emergency care or are treated by an out-of-network provider at an in-network facility, including a hospital or ambulatory surgical center, you are protected from balance billing.

What is the No Surprise Billing Act final rule? ›

It addresses surprise medical billing for federally-regulated plans and in states without surprise billing laws. Most sections of the legislation are effective Jan. 1, 2022. As the name implies, this Act prohibits patients from getting surprise bills in certain out-of-network situations.

Which states have surprise billing laws? ›

The following states offer comprehensive protection against balance billing practices.
  • 1. California. ...
  • Connecticut. ...
  • Florida. ...
  • Illinois. ...
  • Maryland. ...
  • New Hampshire. ...
  • New York. ...
  • Oregon.
May 13, 2020

Can two ER visits be billed on same day? ›

Yes, in some cases, you can bill two E&M (Evaluation and Management) codes for the same patient on the same day, but it depends on payer rules and documentation requirements.

Why do I get two bills from the hospital? ›

Charges Listed on Your Hospital Bill

It lists the services you received (such as procedures and tests), as well as medicines and supplies. Most of time, you will get a separate bill for health care provider fees. It is a good idea to ask for a more detailed hospital bill with all of the charges described separately.

Why do I have two medical bills? ›

Please note that you may receive more than one bill for services received at the hospital. Physician charges, may include bills for Radiologists, Anesthesiologists, Cardiologists, Surgeons and Pathologists, and will be billed separately. Physicians are independent of the hospital and bill for their services separately.

Why is the er so expensive? ›

Regardless of other services provided, which are billed separately, the facility fee can be thought of as the cost for walking in the door. For emergency departments, facility fees help ensure a revenue stream to stay open and be able to provide mandated services to the public 24 hours per day, 7 days per week.

How to negotiate a medical bill script? ›

To Whom It May Concern: I am writing to negotiate the above medical bills because I am unable to pay the amount requested. Pursuing me for these bills will force me (and my family) into further financial hardship. This is where you explain your current financial situation and why you are unable to pay.

Is it a HIPAA violation to send medical bills to collections? ›

Yes, healthcare providers can share protected health information (PHI) with debt collectors under specific circ*mstances without violating HIPAA. Debt collection is considered a payment activity under HIPAA, so sharing necessary information with debt collectors is permitted.

How does the No Surprise Act affect providers? ›

The No Surprises Act was passed in 2020 and implemented in January of 2022. The law prohibits providers who are out-of-network from sending a bill to a patient when the patient couldn't have reasonably known they were receiving care out of network.

Can medical bills hurt your credit? ›

How medical debt can impact your credit score. Fortunately, your healthcare bills won't harm your credit, as long as you don't wait too long to settle them. Most of the time, you're dealing with the medical provider directly and they aren't likely to report your payment activity (or lack thereof) to the credit bureaus.

Do unpaid medical bills affect your credit? ›

Failure to pay a bill affects the biggest factor determining your credit scores: payment history. Consequently, having a medical bill with a starting balance of $500 or more in collections can result in serious damage to your credit scores.

Is the No Surprise Billing Act a federal law? ›

The No Surprises Act provides Federal protections against surprise billing by limiting out-of-network cost sharing and prohibiting “balance billing,” in many of the circ*mstances in which surprise bills arise most frequently.

Is balance billing legal in the US? ›

There are two instances when a hospital or provider is not allowed to send a patient a balance bill. First, some states have passed laws that limit balance-billing or surprise bills. Twenty-five states have laws that partially or fully protect patients from surprise bills.

Can a doctor office charge your card without permission? ›

And even if patients share credit card information at one point, physicians can't keep or charge credit cards without a patient's consent to do so for subsequent use. Jodock advises physicians to be sure they obtain written consent from patients.

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