Surprise Out-of-network Bill Dispute Resolution

NEWS:  

12/27/2018:  We are working with a vendor to create an easy-to-use system for submitting requests for surprise bill dispute resolution requests, and we estimate that system will be available starting January 14, 2019.  We will also publish a form that a person can complete and submit through the mail with required attachments; however, submitting information using the online system will likely be easier and less expensive. 

IMPORTANT!  Requests can only be submitted for health care services a person received on or after January 1, 2019.  A person should first work with the health insurer to determine the amount the portion of the bill that the insurer will pay and whether the bill qualifies for the dispute resolution process under Arizona law.  For additional information, see the section of this webpage entitled, "I got a surprise bill. What can I do about it?"


What is a "surprise bill"?

Balance billing – or a surprise medical bill – happens when you get a bill from a doctor, laboratory, durable medical equipment provider, or other health care provider who isn’t part of your health plan’s network. Often, consumers didn’t know they were getting care from out-of-network providers.  For example, a patient goes to an in-network hospital for emergency care and is treated by an out-of-network doctor. The doctor and the hospital each bill $1,000 for their services, and the health plan pays them each $400. The in-network hospital can only bill the patient for copays, deductibles, and coinsurance amounts. The doctor, however, may bill for the copays, deductibles, and coinsurance as well as any other amounts that the health plan did not pay. 


How can I protect myself from surprise bills?

  • For planned procedures, find out in advance whether your providers are contracted with your health plan. This is especially important in the case of facility-based providers, such as radiologists, anesthesiologists, pathologists, and emergency room physicians. Even if a hospital is in your health plan's network, some doctors who provide services there might not be.
  • Call your health plan to make sure the services you will receive are covered under your policy. If the services are not covered, you will have to pay the charges, and the provider's bill will not be eligible for the arbitration process.  If you are told the services are not covered under your policy and you believe that they are, you may wish to file a health care appeal.
  • Shop around. Websites like NewChoicehealth.com and FairHealthConsumer.org can help you estimate the prices of various procedures. 
  • If there aren’t any contracted providers available, your health plan might be able to work out a discounted payment. You also might be able to ask your doctor or provider in advance if they can make payment options available. 
  • If your health care provider is not contracted under your policy, the provider is required to provide you a disclosure notice within a reasonable amount of time before you receive health care services.  The disclosure notice is required to tell you ALL the following:
    • The name of the health care provider;
    • The fact that the health care provider is not contracted under your health plan;
    • The estimated total cost the provider or the provider's representative will bill for the health care service;
    • Notice that you are not required to sign the disclosure notice in order to receive medical care, and if you sign the disclosure notice, you waive any rights to dispute resolution (arbitration).  

I got a surprise bill. What can I do about it?

  • Call your health insurance company if you need help determining the part of the bill that they will be paying and for help in determining whether you are eligible for the dispute resolution (arbitration) process.  The arbitration process does not apply to:
    • Health care service the enrollee received before January 1, 2019;
    • A health care service provided more than a year before the enrollee submits a request for arbitration (extended by any time the bill was the subject of a health care appeal);
    • A bill from a single health care provider that is less than $1,000 after deducting the enrollee's copay, coinsurance, and deductible.  A hospital bill may contain charges from several healthcare providers as well as from the hospital itself.  The $1,000 threshold is NOT based on the sum of charges from multiple healthcare providers, but only on the amount that each healthcare provider has charged.
    • A health care service that was not provided from a hospital, outpatient surgical center, laboratory, diagnostic imaging center or urgent care center that has a contract with the health insurer ("network facility").
    • A health care service you received from someone other than a licensed, registered or certified as a health care professional under Arizona Revised Statutes Title 32, or a laboratory or a durable medical equipment provider that provided services in a network facility and separately bills the patient for the services.
    • Enrollees covered by health care services organizations (a.k.a. HMOs).  Under an HMO plan, an enrollee is often not required to pay any amount other than cost-sharing (copayment, coinsurance and deductible), If you are an HMO member, contact the HMO if you receive a bill for something other than copayment, coinsurance and deductible from a health care provider.
    • Limited benefit coverage;
    • Health and accident coverage for state employees and their dependents;
    • Self-funded or self-insured employee benefit plans preempted by the Employee Retirement Income Security Act of 1974 (a.k.a. ERISA) - your insurance card may show "ASO" or "Administrative Services Only" if you are covered under a self-funded plan;
    • Health plans that exclude out-of-network coverage unless otherwise required by law;
    • Health care services that the insurer denied or that are otherwise not covered by the health plan;
    • Provider or health facility charges that an individual agreed to directly pay rather than using the health plan;
    • Provider or health facility charges for which the enrollee signed a disclosure notice on which the enrollee was provided information required by Arizona law, thereby resulting in the enrollee waiving rights to arbitration if the amount of the provider's bill was no greater than the estimated total cost that the provider included on the disclosure notice;
    • A health care service that is the subject of a health care appeal that has not been decided;
    • A health care bill or health care service for which the enrollee instituted a lawsuit or other legal action against the health insurer or healthcare provider;
    • A health care bill that was previously settled or decided through the dispute resolution (arbitration) process.
  • Call the healthcare provider that sent the bill and discuss your concerns. In most cases, Arizona law requires providers to provide an itemized bill on request, so review the charges carefully. Some providers might accept a lower payment. You can compare the amount you were charged to the average market price using websites like NewChoicehealth.com, and FairHealthConsumer.org.
  • Submit a request for arbitration to the Arizona Department of Insurance if you believe the bill you received is eligible for arbitration. 

How can I use the dispute resolution (arbitration) procedure to resolve a surprise bill?

The following is an overview of the dispute resolution process:

  • The enrollee submits a request for dispute resolution to the Arizona Department of Insurance ("Department").
  • The Department evaluates the request to determine whether it may qualify for arbitration, and if it doesn't, the Department notifies the enrollee of the reason the request did not qualify for arbitration (and the process ends).
  • OTHERWISE, the Department sends the enrollee's request for dispute resolution to the insurer and the health care provider and may ask for additional information from the enrollee, the insurer and the provider to help the Department make a final decision as to whether the surprise bill is eligible for the arbitration process,
    • If the enrollee does not respond to a Department request for additional information, the enrollee's request for dispute resolution is deemed to have been withdrawn, and the Department will notify the enrollee of this fact (and the process ends).
    • If the Department determines from information provided that the surprise bill does not qualify for the dispute resolution process, the Department will notify the enrollee of the reason (and the process ends). 
  • OTHERWISE, the Department arranges an informal settlement teleconference (IST) in which the enrollee (or authorized representative), insurer and provider (or authorized representative) must all participate.
    • If the enrollee participates in the IST, the insurer will notify the Department of the outcome and the enrollee can only be held responsible for paying the amount of the enrollee's cost-sharing requirements (copay, coinsurance, and deductible) plus any amount the health insurer paid the enrollee for the services provided by the out-of-network health care provider.
    • If the enrollee does not participate, within 14 days of missing the IST, an enrollee is allowed one opportunity to request that another IST become scheduled. 
    • If the enrollee does not request the rescheduling of the IST within 14 days or does not participate in a rescheduled IST, the enrollee forfeits the right to have the surprise bill arbitrated, and the Department will notify the enrollee of this fact (and the process ends).
    • If either the provider or insurer fails to participate in the IST, the enrollee's request will be referred for arbitration.
  • If the IST did not resolve the dispute between the insurer and provider, the Department will work with the insurer and provider to determine the arbitrator that will decide the dispute.  The enrollee may decide whether to participate or not participate in the arbitration proceeding.  Regardless of whether the enrollee participates in the arbitration proceeding, by virtue of having participated in the IST, the enrollee can only be held responsible for paying the amount of the enrollee's cost-sharing requirements (copay, coinsurance and deductible) plus any amount the health insurer paid the enrollee for the services provided by the out-of-network health care provider. 
  • The arbitrator will conduct the arbitration (with or without the enrollee), the arbitrator will determine the amount that the provider is entitled to be paid for the health care services the enrollee was provided, and the arbitrator will provide a final written decision to the enrollee, to the insurer and to the health care provider or authorized representative (and the process ends).

Other Questions

For questions about surprise billing that were not answered by this webpage, please send e-mail to [email protected], or call (602) 364-2399.

Form SOONBDRR: Surprise Out-of-Network Billing Dispute Resolution Request

BEFORE COMPLETING THIS FORM: Review information on the Department's website (https://insurance.az.gov/soonbdr) and confer with your health insurer to determine whether your healthcare bill qualifies as a surprise bill that is eligible for the dispute resolution process.  

Form SOONBDRFI-I: Request for Information - Insurer

Surprise Out-of-Network Billing Dispute Request for Information (SOONBDRFI) form that a health insurer will need to be complete and return with attachments in response to a Department of Insurance request for information concerning a surprise out-of-network billing dispute resolution (SOONBDR) request.

Form SOONBDRFI-P: Request for Information - Healthcare Provider

Surprise Out-of-Network Billing Dispute Request for Information (SOONBDRFI) form that a healthcare provider will need to be complete and return with attachments in response to a Department of Insurance request for information concerning a surprise out-of-network billing dispute resolution (SOONBDR) request.

Surprise Out-of-network Bill Dispute Resolution Notice to Enrollees for EOBs and Providers

Health care insurers and health care providers must give this notice to enrollees pursuant to ARS § 20-3117.

Rules, 20 AAC 24: Out-of-Network Dispute Resolution

The Department of Insurance will file these rules, which describe Arizona's surprise out-of-network billing dispute resolution process, with the Secretary of State toward the beginning of January 2019.