Out-of-network emergency billing

No Surprises Act — emergency billing appeal

ER visits, ambulance, or ancillary services billed OON despite No Surprises Act protections.

Use this letter to formally appeal a "out-of-network emergency billing" denial. Replace every {{PLACEHOLDER}} with your own facts, attach the listed evidence, and send it certified mail plus by the insurer's online portal.

Template

{{MEMBER_NAME}}
{{MEMBER_ADDRESS}}
{{MEMBER_PHONE}}
Member ID: {{MEMBER_ID}}
Claim / Reference #: {{CLAIM_NUMBER}}
Date of Service: {{DATE_OF_SERVICE}}
Date of Denial Notice: {{DENIAL_DATE}}

{{INSURER_NAME}}
Appeals and Grievances Department
{{INSURER_APPEAL_ADDRESS}}

Re: Formal Internal Appeal — {{CLAIM_NUMBER}}

I am appealing your processing of {{CLAIM_NUMBER}} for emergency services rendered on {{DATE_OF_SERVICE}} at {{FACILITY}}.

Under the No Surprises Act (Public Health Service Act §2799A-1 and implementing rules at 45 CFR 149), out-of-network emergency services must be:
  • Covered without prior authorization;
  • Reimbursed with in-network cost-sharing applied to the recognized amount; and
  • Not balance-billed to me.

Please reprocess the claim so that my cost-sharing reflects in-network levels and correct any balance-billed amounts.

Sincerely,
{{MEMBER_NAME}}

Key points before you send it

  • You cannot be balance-billed for out-of-network emergency care.
  • Cost-sharing must be calculated as if the service were in-network.
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Not legal or medical advice. This page is a self-help resource. You make your own decisions. Strip personal identifiers (name, date of birth, address, member ID) from any document before uploading or sharing. The information here summarizes commonly-published payer policies and federal rules; confirm against your specific plan document and the current denial letter before acting.