Coverage & costs

Surprise Bills and the No Surprises Act: What Medicare Patients Should Know

On this page
  1. Does the No Surprises Act apply to people with Medicare?
  2. What does the No Surprises Act protect against for people it covers?
  3. How does Original Medicare protect me from surprise bills?
  4. How does Medicare Advantage protect me from surprise bills?
  5. What about Qualified Medicare Beneficiary (QMB) and surprise bills?
  6. What should I do if I get a surprise bill with Medicare?
  7. Frequently asked questions
  8. Want help checking a bill that surprised you?

The No Surprises Act, in effect since January 1, 2022, protects people who use most types of private health insurance or don't have or use insurance. The Centers for Medicare & Medicaid Services (CMS) says Medicare, Medicaid, and some other government programs already protect you from some unexpected out-of-network bills on their own. So if you have Medicare, your protection against surprise bills mostly comes from Medicare's billing rules, like assignment and the limiting charge, and from your Medicare Advantage plan's rules.

Does the No Surprises Act apply to people with Medicare?

Generally, its main billing protections are written for people with private health insurance and for people who are uninsured or paying on their own. CMS's "Know your medical bill rights" page says the law protects people who:

  • Use most types of private health insurance.
  • Don't use health insurance.
  • Don't have health insurance.

For people who use Medicare, Medicaid, Indian Health Services, Department of Veterans Affairs (VA) health care, or TRICARE, CMS says those programs "already protect you from some unexpected out-of-network bills." CMS also offers to help people in those programs who have a billing problem.

If you have both Medicare and private coverage, such as an employer plan from a working spouse, ask the No Surprises Help Desk how the rules apply to your situation.

What does the No Surprises Act protect against for people it covers?

For people using most private health insurance, CMS says the law, in most cases, protects against unexpected out-of-network bills from:

  • Emergency room visits.
  • Non-emergency care at in-network hospitals, hospital outpatient departments, and ambulatory surgical centers.
  • Air ambulance services.

For people who don't have or don't use insurance, providers usually must give a good faith estimate of costs, and you may be able to dispute a bill that's at least $400 more than the estimate.

Ground ambulance services generally aren't covered by the law's billing protections, unless a state law says otherwise.

How does Original Medicare protect me from surprise bills?

Original Medicare doesn't have networks. You can see any provider who takes Medicare. Your protection comes from how providers work with Medicare:

  • Providers who accept assignment agree to charge you only the Medicare deductible and coinsurance, according to Medicare.gov.
  • Non-participating providers can charge more than the Medicare-approved amount, but in many cases no more than 15% above it. That's the limiting charge.
  • Providers who opted out of Medicare set their prices through a private contract with you, and Medicare won't pay them except in emergencies.

Your Medicare Summary Notice shows the "Maximum You May Be Billed" for each service. That's the number to check any bill against.

How does Medicare Advantage protect me from surprise bills?

Medicare Advantage plans have networks, so out-of-network care can cost more. Some protections:

  • Plan directed care. Medicare.gov says if a plan provider refers you for a covered service or to an out-of-network provider without getting approval first, in most cases you won't have to pay more than the plan's usual cost sharing.
  • Yearly out-of-pocket limit. Medicare's "Understanding Medicare Advantage Plans" booklet says plans have a yearly limit on what you pay for covered Part A and Part B services, which may include a separate limit for out-of-network care.
  • Appeals. If your plan denies payment, you can appeal within 65 days from the date on the denial notice.

One exception to watch: the booklet notes some Private Fee-for-Service plans allow providers to "balance bill" up to 15% more than the plan pays.

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What about Qualified Medicare Beneficiary (QMB) and surprise bills?

If you're in the Qualified Medicare Beneficiary (QMB) program, Medicare.gov says Medicare providers aren't allowed to bill you for Medicare-covered services, including deductibles, coinsurance, and copayments. A small Medicaid copay may apply.

What should I do if I get a surprise bill with Medicare?

  1. Find your Medicare Summary Notice or your plan's Explanation of Benefits for that date.
  2. Compare the bill to "Maximum You May Be Billed" (Original Medicare) or "your share" (Medicare Advantage).
  3. Call the provider. You might say: "My Medicare notice shows the most I can be billed is [amount]. Your bill shows [amount]. Do you accept Medicare assignment? Can you explain the difference?"
  4. If you're in Medicare Advantage, call your plan and ask whether the provider was in network and whether plan directed care applies.
  5. Get help if it isn't fixed. Call 1-800-MEDICARE (1-800-633-4227), or contact the No Surprises Help Desk at 1-800-985-3059, which CMS says can help people in Medicare and other programs with billing issues.

Frequently asked questions

Does the No Surprises Act cover Medicare?

CMS says the law protects people using most private insurance or no insurance. For Medicare, CMS says the program already protects you from some unexpected out-of-network bills through its own rules.

Can I get a good faith estimate if I have Medicare?

The good faith estimate rule CMS describes is for people who don't have or don't use insurance. If you have Medicare, ask the provider what Medicare will approve and what your share will be.

Are ambulance bills covered by the No Surprises Act?

Air ambulance bills are covered for people with most private insurance. Ground ambulance services generally aren't, unless state law applies. Medicare has its own ambulance coverage rules.

Who can I call about a surprise bill?

Call 1-800-MEDICARE, or the No Surprises Help Desk at 1-800-985-3059. Your State Health Insurance Assistance Program (SHIP) can also help for free at shiphelp.org.

Want help checking a bill that surprised you?

Bill Review Coach is a monthly medical bill review service for seniors and their families. Snap a photo of the bill and your Medicare notice, and we'll tell you in plain English whether it fits Medicare's limits and what to say when you call. You make the calls and write the emails; we help you know what to say.

General information, not legal advice. Check your own bill and notices.

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