Brown Outlines Legislation to Safeguard Patients from Surprise Hospital Bills

WASHINGTON, D.C. – U.S. Sen. Sherrod Brown (D-OH) today outlined new legislation to address the practice of “surprise billing,” when patients are faced with costly medical bills after unintentionally receiving care from an out-of-network provider. The End Surprise Billing Act would protect patients experiencing a medical emergency from being charged more than in-network rates for emergency care and provide patients scheduling services with more information about potential out-of-pocket costs.

“When you’re rushed to the hospital for a heart attack, the last thing you or your loved ones should have to worry about is whether the nearest hospital is in-network,” said Brown. “Ohioans work hard and pay their insurance premiums every month and this bill makes sure it will be there for them if an emergency happens.”

More than 100 million Americans with health insurance have no legal protections against unexpected bills from out-of-network providers. According to recent surveys, up to 40 percent of insured Americans experience surprise medical bills in which a patient’s insurance company covers less of the cost than expected.

The End Surprise Billing Act (S. 284) would work to prevent millions of Americans from receiving surprise medical bills by protecting individuals experiencing a medical emergency from unexpected bills, and requiring all hospitals that participate in the Medicare program to have increased billing transparency with patients regarding potential out-of-network providers.

Congressman Lloyd Doggett (D-TX) has introduced companion legislation in the House of Representatives.

The End Surprise Billing Act would:

  • Require hospitals to provide two written notices to insured individuals, clarifying whether the hospital or physician is an in-network provider, and estimating any potential out-of-network fees for the scheduled service;
  • Require hospitals to obtain signed, informed consent from the individual seeking services from an out-of-network hospital or provider at least 24 hours in advance of the service;
  • Simplify the billing process by prohibiting providers that fail to provide the above notices or obtain signed, informed consent from charging more than what that individual would have paid had the provider been in-network; and
  • Protect individuals experiencing a medical emergency from surprise billing by prohibiting providers from charging more than the in-network cost of a service.

Brown was joined on the call by Daniel Kueper, a Canal Winchester resident who faced significant medical bills after receiving care for a heart attack from a medical provider outside of his insurance network. 

“After experiencing a traumatic health event, and paying the deductible and co-insurance often required even under a good health insurance plan, the last thing that a patient needs is to be ambushed by an exorbitant surprise bill.  Senator Brown’s bill will enable recovering patients to get their lives back on track with fewer worries about financial hardship.  I urge Congress to support it,” said Kueper.

Consumers Union, Families USA, and the American Federation of Teachers have endorsed the legislation.  

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