What specific actions should I take if I receive a "surprise bill" from an out-of-network provider for emergency services in California?
Under California law, you are protected from surprise bills for emergency services. You are only responsible for paying your in-network cost-sharing amounts, and the out-of-network provider cannot legally bill you for the remaining balance.
Here are the specific actions to take:
Step 1: Do Not Pay the Bill Immediately
Do not panic or pay the full amount demanded. Paying the bill could be interpreted as accepting the charge. Instead, you will actively dispute it through the proper channels. Collect the bill itself and the Explanation of Benefits (EOB) from your health plan related to that date of service.
Step 2: Contact Your Health Plan
Call the member services number on your insurance card. Inform them that you received a "balance bill" from an out-of-network emergency provider. State that you know this is prohibited in California and ask them to intervene with the provider on your behalf. Your health plan has a legal duty to resolve the payment dispute with the provider.
Step 3: Send a Dispute Letter to the Provider
Send a written letter to the provider's billing department via certified mail. In the letter, state that under California Health and Safety Code Section 1371.4 and Insurance Code Section 10112.8, they are prohibited from balance billing for emergency services. Enclose a copy of your EOB and state that you will only pay the patient responsibility amount listed on it.
Step 4: File a Complaint with the Correct State Regulator
If the provider continues to bill you, file a formal complaint. You generally have 180 days from your health plan's decision to file.
- If you have an HMO or a Blue Shield/Anthem PPO, file with the Department of Managed Health Care (DMHC) at www.dmhc.ca.gov or by calling 1-888-466-2219.
- For other PPO plans, file with the California Department of Insurance (CDI) at www.insurance.ca.gov or by calling 1-800-927-4357.
Important Details and Nuances:
These protections require your health plan to pay a fair rate to the out-of-network provider and shield you from any additional costs beyond your standard copay, coinsurance, and deductible. Keep detailed notes of every call, including the date, time, and name of the person you spoke with, and save copies of all correspondence.
Warnings and Limitations:
These California laws apply to state-regulated health plans. If you have a "self-funded" plan from your employer (common with large companies), similar federal protections under the "No Surprises Act" apply, but the enforcement agency is federal. Do not simply ignore the bill, as this can lead to collections and damage your credit.
This is general information and does not constitute legal advice. For complex situations, or if the bill is sent to collections, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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