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The No Surprises Health Service Act: Good Faith Estimate

(2799B-6 of the Public Health Service Act, January 2022)

In an effort to protect consumers from surprise health care bills – especially when uninsured, utilizing out-of-network care, or simply opting for self-pay – the Federal Government enacted the “The No Surprises Health Service Act.” Although the “surprise bills” this act is meant to protect against are not typically an issue in mental health care (because of the transparency of per session rates, billing policies, and fees), mental health providers are still required to inform you of your rights under this act.

 

You have the right to request a “Good Faith Estimate” explaining how much your treatment will cost. Under the law, all health care providers need to provide their patients/clients an estimate of their bill for services if requested by the consumer or before providing services. This is applicable if the consumer is uninsured, utilizing out-of-network care, or opting for self-pay.

 

The Good Faith Estimate shows the costs of items and services that are reasonably expected for your health care needs for an item or service. The estimate is based on information known at the time of creation and is valid for 12 months from the date of the estimate. The Good Faith Estimate does not include any unknown or unexpected costs that may arise during treatment. You could be charged more if complications or special circumstances occur. If this happens, federal law allows you to dispute the bill.

 

If you receive a bill that is $400 more than the Good Faith Estimate you received, you can dispute the bill. You may contact the health care provider or facility listed to let them know the billed charges are higher than the Good Faith Estimate. You can ask them to update the bill to match the Good Faith Estimate, ask to negotiate the bill, or ask if there is financial assistance available. You may also start a dispute resolution process with the U.S. Department of Health and Human Services (HHS). If you choose to use the dispute resolution process, you must start the dispute process within 120 calendar days (about 4 months) of the date on the original bill. There is a $25 fee to use the dispute process. If the agency reviewing your dispute agrees with you, you will pay the price on the Good Faith Estimate initially provided to you. If the agency disagrees with your dispute, you will have to pay the higher amount.

 

For more information about your right to a Good Faith Estimate, or to submit a dispute, please visit www.cms.gov/nosurprises.