Surprise Billing and The Real World

Medlearn Media NPOS Non-patient outcome spending

The consequences of surprise billing issues are worrisome for laypeople.

Sadly, about a month ago my wife broke her arm. She slipped while carrying a box when she was helping with a baby shower.

We went to the emergency room at Mount Sinai Medical Center in Miami (shameless plug: they were great). Since Mount Sinai is a participation provider in our health insurance plan, the emergency room services were performed by an outside physicians’ group and were covered under the No Surprises Act, meaning the physicians’ group can’t balance-bill us for their services. Whether or not Mount Sinai was a participating provider, emergency services are still covered under the related No Surprise Billing Act.

Now comes the tricky part. The hospital told us that she needed to see an orthopedist after putting a cast on her arm. We got the name of an orthopedist who had staffing privileges at Mount Sinai. We scheduled an appointment at her office, which was in a medical office building next to another hospital in our network. All good, you would think, under the Surprise Billing Act; we can’t be balance-billed. Bad news: she needs a plate in her arm, and a surgery is scheduled. We are very surprised when, on the day of the surgery, we are informed that unless we pay a $1,392 co-pay, the surgery will not happen. My wife is in great pain. We pay the co-pay.

After the fact, I found out that the orthopedist was not in my network, and that the bulk of the co-payment was because we were charged at the “out-of-network” rate.

Since the physician worked at two hospitals in my network, and the operation happened in a building adjacent to one of them, how did this not violate the Surprise Billing Act?

While the physician office was indeed next to a participating hospital, it was not in the hospital. While the physician practiced at another participating hospital, the service wasn’t performed in that hospital.

I did file a dispute on the charge. Being a consultant, I have resources, and I may get some of my money back. My question is whether the average patient would have any recourse – or even know to complain?

Facebook
Twitter
LinkedIn

Timothy Powell, CPA, CHCP

Timothy Powell is a nationally recognized expert on regulatory matters, including the False Claims Act, Zone Program Integrity Contractor (ZPIC) audits, and U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) compliance. He is a member of the RACmonitor editorial board and a national correspondent for Monitor Mondays.

Related Stories

Leave a Reply

Please log in to your account to comment on this article.

Featured Webcasts

Trending News

Featured Webcasts

Ask Dr. Hirsch: Clarifying Medicare’s Most Misunderstood Rules – Part 2

Medicare regulations are complex and even seasoned professionals struggle to apply them consistently. Due to overwhelming demand, Dr. Hirsch returns for Part 2 of Ask Dr. Hirsch: Clarifying Medicare’s Most Misunderstood Rules to answer even more of Medicare’s most misunderstood questions, covering inpatient status, observation, SNF access, Medicare Advantage denials, and more. Join Dr. Hirsch as he provides clear, referenced answers to real-world questions submitted by your peers, helping you navigate Medicare compliance with confidence and clarity.

June 18, 2026

Reengineering Utilization Management: Building an Adaptive Model for the New Payer Era

Traditional utilization management models can no longer keep pace with regulatory shifts, payer scrutiny, and operational pressures. In this webcast, Tiffany Ferguson, LMSW, CMAC, ACM, ACPA-C, introduces an Adaptive Model strategy that modernizes UM through role specialization, technology-driven workflows, and proactive, team-based processes. Attendees will learn how to restructure programs to improve efficiency, strengthen clinical collaboration, and enhance financial performance in a rapidly changing healthcare environment.

May 20, 2026

Compliance for the Inpatient Psychiatric Facility (IPF-PPS): Minimizing Federal Audit Findings by Strengthening Best Practices

Federal auditors are intensifying their focus on inpatient psychiatric facilities, using advanced data analytics to spotlight outliers and pursue high‑dollar repayments. In this high‑impact webcast, Michael Calahan, PA, MBA, Compliance Officer and V.P., Hospital & Physician Compliance, breaks down what regulators are really targeting in IPF-PPS admissions, documentation, treatment and discharge planning. Attendees will learn practical steps to tighten processes, avoid common audit triggers and protect reimbursement and reduce the risk of multimillion-dollar repayment demands.

April 9, 2026

Mastering MDM for Accurate Professional Fee Coding

In this timely session, Stacey Shillito, CDIP, CPMA, CCS, CCS-P, CPEDC, COPC, breaks down the complexities of Medical Decision Making (MDM) documentation so providers can confidently capture the true complexity of their care. Attendees will learn practical, efficient strategies to ensure documentation aligns with current E/M guidelines, supports accurate coding, and reduces audit risk, all without adding to charting time.

March 31, 2026

Trending News

Celebrate Lab Week with MedLearn! Sign up to win one year of our Laboratory All Access Pass! Click here to learn more →

Have a Medicare regulation question you’d love Dr. Hirsch to answer? Now is your chance! CLICK HERE to learn more→

Happy National Doctor’s Day! Learn how to get a complimentary webcast on ‘Decoding Social Admissions’ as a token of our heartfelt appreciation! Click here to learn more →

This Memorial Day, we honor those who gave all for our freedom. Take 20% off sitewide through May 29 with code MEMORIAL26 at checkout

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 1 with code CYBER25

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 2 with code CYBER24