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California Joins States That Protect Patients Against Nasty Surprise Bills

Before Kevin Powers underwent lung cancer surgery last October, his girlfriend, Agi Orsi, meticulously checked and double-checked to be sure his Santa Monica, Calif., hospital and surgeon were in his health plan鈥檚 network. They were.

Even in the hospital, Orsi dutifully wrote 鈥淣o out-of-network doctors鈥 across the top of Powers鈥 admission paperwork.

Her diligence was for naught.

Powers, 57, suffered serious complications, resulting in a two-week hospital stay that included visits from several specialists. It also resulted in a barrage of surprise medical bills from some of those specialists charging out-of-network rates.

The bills total about $5,600 鈥 so far.

鈥淚t鈥檚 overwhelming,鈥 says Orsi, 64, who lives with Powers in Topanga Canyon. 鈥淚 feel like consumers are at a major disadvantage.鈥

Starting next month, many Californians will be protected against such surprise medical bills from out-of-network providers, also known as 鈥.鈥

California is with consumer protections against balance billing, says Betsy Imholz, director of special projects for . But many states鈥 protections are 鈥渜uite limited,鈥 she says.

鈥淚n some states, they only apply in emergency situations or for certain types of plans鈥 such as HMOs, says Claire McAndrew, director of campaign strategy for , a national consumer advocacy group.

However, in a handful of states, including New York, Florida and now California, the laws are strong and comprehensive, McAndrew says.

Under California鈥檚 , if you visit an in-network facility 鈥 such as a hospital, lab or imaging center 鈥 you will be responsible only for your in-network share of the cost, even if you鈥檙e seen by an out-of-network provider.

The applies to non-emergency services received on or after July 1.

鈥淭his is a very big deal,鈥 says Tam Ma, legal and policy director for the advocacy group . 鈥淲e鈥檝e heard from hundreds of consumers who were getting these surprise bills.鈥

A 2015 Consumers Union found that nearly 1 in 4 Californians who visited a hospital or had surgery in the previous two years were charged an out鈥恛f鈥恘etwork rate when they thought a provider was in鈥恘etwork.

Here鈥檚 a common scenario: A patient takes pains to ensure her hospital and surgeon are in-network, only to get billed by the out-of-network anesthesiologist who appears at her bedside to put her under.

Kevin Powers (right) is facing more than $5,000 in surprise medical bills from his October lung cancer surgery even though his girlfriend, Agi Orsi, took pains to ensure his hospital and surgeon were in his health plan鈥檚 network. (Photo courtesy of Agi Orsi)

鈥淣o one gets to pick their anesthesiologist,鈥 Ma says. 鈥淚t depends on who is on duty, who is available.鈥

Surprise bills also often come from pathologists, radiologists and assistant surgeons 鈥 other providers that patients typically can鈥檛 choose, she says.

The new law covers Californians with private health insurance plans that are regulated by the state Department of Managed Health Care (DMHC) and the state Department of Insurance, which includes roughly 70 percent of the state鈥檚 private insurance market, according to the California Health Care Foundation. (California Healthline is an editorially independent publication of the California Health Care Foundation.)

It does not cover some 5.7 million people whose employer-sponsored insurance plans are regulated by the U.S. Department of Labor.

Insurers, health care providers and regulators are working furiously behind the scenes to hash out some details about that law, including how much out-of-network providers should be compensated for their services.

But that shouldn鈥檛 affect you.

鈥淚s it going to be pretty as plans and providers figure this out in the background? Maybe not,鈥 says Charles Bacchi, president of the . 鈥淏ut what鈥檚 important is that it鈥檚 not readily apparent to the consumer.鈥

The key point to remember is that you shouldn鈥檛 pay more than your in-network copayment, coinsurance or deductible, as long as you visited an in-network facility for non-emergency services.

So, if you receive what looks like a bill from a provider showing an out-of-network rate, don鈥檛 panic, says Imholz, of聽.

Kevin Powers suffered serious complications after his lung cancer surgery last October, resulting in a two-week hospital stay and surprise out-of-network bills. He is shown here in the hospital after surgery. (Photo courtesy of Agi Orsi)

First, read it carefully. It may not actually be a bill. Under the law, any communication to the patient from an out-of-network provider before that provider gets the consumer鈥檚 in-network cost information must say 鈥 in bold, 12-point type 鈥 that it is “not a bill.鈥

鈥淚f it鈥檚 an out-of-network doctor, they shouldn鈥檛 be claiming that you owe anything right away,鈥 Imholz says.

And don鈥檛 pay anything until you receive an Explanation of Benefits from your insurer, experts advise.

When you do receive it, inspect it. If you think you鈥檙e still being billed incorrectly, call your health plan and file a grievance, says Mary Watanabe, DMHC鈥檚 deputy director of health policy. Your plan will have 30 days to resolve the problem.

If your plan doesn鈥檛 resolve the situation within that time frame, or you鈥檙e dissatisfied with the decision, it鈥檚 time to call your regulator. For most of you, that will be DMHC: or 888-466-2219. To reach the Department of Insurance, visit or call 800-927-HELP.

You can also call your regulator before you hear back from your health plan, particularly if out-of-network providers are hassling you for payment.

If you inadvertently paid an out-of-network provider more than he or she is owed, all is not lost. The doctor has to refund the overpayment within 30 days, Ma says. Otherwise, interest starts to accrue.

One warning: The law allows out-of-network providers to bill you out-of-network rates, but only if you voluntarily sign a form at least 24 hours before you receive care, Imholz says. The form must include an estimate of your cost and explain that you can receive care from an in-network provider instead, she says.

鈥淵ou don鈥檛 have to sign it. It鈥檚 completely voluntary.鈥

If you actually do want to be seen by an out-of-network provider and are willing to pay the out-of-network charges, you still have to sign the consent form.

Since this law kicks in July 1, the surprise medical bills Powers received after his lung surgery won鈥檛 be covered. Orsi says Powers can鈥檛 afford to pay them.

鈥淚 don鈥檛 think it鈥檚 fair,鈥 she says. 鈥淚鈥檓 going to keep fighting it.鈥

There may be hope. If, like that Southern California couple, you鈥檙e currently fighting a surprise bill for a service you received before July 1, Watanabe urges you to call DMHC anyway.

鈥淲e can often help,鈥 she says.

This story was produced by , which publishes , an editorially independent service of the .

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