The No Surprises Act: What Do Plastic Surgeons Need to Know?

Background: Out-of-network, or “surprise” bills, have grown common in recent years and have raised substantial concern for patients. Congress recently enacted the No Surprises Act, effective on January 1, 2022, ending the majority of out-of-network bills for privately insured patients. The aim of this review is to briefly summarize the history of surprise billing, describe the regulations of the No Surprises Act, and examine the impact this legislation will have on the field of plastic surgery. Methods: A PubMed and Google Scholar literature search was conducted on out-of-network billing, or surprise bills, and the No Surprises Act. Media outlets, governmental agencies, and local and national medical organizations were additionally queried for surprise billing and the No Surprises Act. Results: Under the No Surprises Act, privately insured patients are protected from surprise medical bills in emergency and nonemergency settings, and uninsured or self-pay patients must be provided a good faith estimate of service fees before receiving nonemergent care. Plastic surgeons may consent patients to receive out-of-network bills if consent is obtained at least 72 hours before rendering a nonemergency service. Despite these patient protections, this act may influence plastic surgeons’ reimbursement rates and incentivize surgeons to alter their network status. Conclusions: The No Surprises Act provides significant protections for patients. However, it may have adverse effects for plastic surgeons. Plastic surgeons will only get paid in-network fees while providing care to patients unless consent is properly obtained in a nonemergent setting.

[1]  A. Ryan,et al.  No More Surprises - New Legislation on Out-of-Network Billing. , 2021, The New England journal of medicine.

[2]  J. Bernstein Not the Last Word: Surprise Medical Bills are Hardly Charitable. , 2020, Clinical Orthopaedics and Related Research.

[3]  J. Dimick,et al.  "Surprise" Out-of-network Billing in Orthopedic Surgery: Charges From Surprising Sources. , 2020, Annals of surgery.

[4]  P. Ginsburg,et al.  Prevalence And Characteristics Of Surprise Out-Of-Network Bills From Professionals In Ambulatory Surgery Centers. , 2020, Health affairs.

[5]  Erin C. Fuse Brown Stalled Federal Efforts to End Surprise Billing - The Role of Private Equity. , 2020, New England Journal of Medicine.

[6]  A. Ryan,et al.  Out-of-Network Bills for Privately Insured Patients Undergoing Elective Surgery With In-Network Primary Surgeons and Facilities. , 2020, JAMA.

[7]  Fiona M. Scott Morton,et al.  Out-Of-Network Billing And Negotiated Payments For Hospital-Based Physicians. , 2019, Health affairs.

[8]  L. Baker,et al.  Assessment of Out-of-Network Billing for Privately Insured Patients Receiving Care in In-Network Hospitals. , 2019, JAMA internal medicine.

[9]  Samuel J. Lin,et al.  Drivers of Hospital Costs in the Self-Pay Facelift (Rhytidectomy) Patient: Analysis of Hospital Resource Utilization in 1890 Patients , 2018, Aesthetic Plastic Surgery.

[10]  V. Rao,et al.  10 Years Later: Lessons Learned from an Academic Multidisciplinary Cosmetic Center , 2017, Plastic and reconstructive surgery. Global open.

[11]  J. Fox,et al.  Variation in Hospital-Based Acute Care within 30 Days of Outpatient Plastic Surgery , 2014, Plastic and reconstructive surgery.

[12]  Carol K. Kane,et al.  New Data On Physician Practice Arrangements: Private Practice Remains Strong Despite Shifts Toward Hospital Employment , 2013 .

[13]  M. Shermak,et al.  Financial Analysis of Factors Impacting Reimbursement for Abdominoplasty , 2009, Obesity Surgery.