The No Surprises Act

A federal law that protects patients from surprise out-of-network bills, and gives providers a way to dispute low payments from insurers.

Physician meeting with a practice administrator at a desk
Dec 2020Signed into law
Jan 2022Took effect
22States with their own laws
30Business days to negotiate

What it covers

The law applies to three kinds of out-of-network care.

  • Emergency care

    Emergency services, including some care after the patient is stabilized.

  • Care at in-network facilities

    Non-emergency care from out-of-network providers at in-network hospitals and surgery centers.

  • Air ambulance

    Out-of-network air ambulance transport.

Patients pay only their in-network share. Medicare, Medicaid, CHIP, and TRICARE are not part of this process.

How a payment dispute works

If an insurer pays too little, the law sets out a clear path.

  1. Start

    Initial payment

    The insurer sends a payment or a denial.

  2. 30 business days

    Negotiation

    Either side can open a negotiation to agree on a fair amount.

  3. Within 4 business days

    IDR begins

    If there's no agreement, either side can start Independent Dispute Resolution.

  4. Decision

    One offer wins

    An independent reviewer picks one side's offer. The plan pays within 30 days.

Federal or state?

Some states have their own surprise billing laws. When a state law applies to a claim, the state process is used instead of federal IDR. It mostly comes down to the patient’s plan.

Usually state process

Fully insured plans

Plans regulated by the state, in states that have their own law.

Usually federal IDR

Self-funded employer plans

Employers that pay claims themselves, unless the plan opted into a state process where the state allows it.

State by state

We work claims in all 50 states. In 28 states and Washington, D.C., these disputes go through federal IDR. The other 22 states have their own surprise billing laws, so some claims go federal and some go state.

Here is a closer look at four of them.

New York runs its own IDR process through the Department of Financial Services. It covers out-of-network emergency care at hospitals, surprise bills at in-network hospitals and surgery centers, and certain referrals.

New York updated the process in 2026. The new rules apply to disputes filed on or after August 26, 2026.

NY Department of Financial Services

How we stay current

These rules change often. In 2026, both the federal IDR rules and New York’s IDR rules were revised.

  • We follow CMS and state regulator updates
  • We follow court rulings that affect IDR
  • We work with experienced IDR consultants
  • We check every claim for the right process before it’s filed

Not sure which process applies to your claims?

We’ll review them for free.

Request a free claims review