New Hampshire Billing Rights

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Additional State-Law Protections for Patients with State-Regulated Health Plans

  • Until December 31, 2024: New Hampshire’s balance billing law is narrower in scope than the NSA and prohibits out-of-network anesthesiologists, pathologists, radiologists and emergency physicians from balance billing a commercially insured patient when the care was provided at an in-network hospital. The NSA expands the prohibition against balance billing to all emergency care, out-of-network providers at in-network facilities and air ambulatory providers. The New Hampshire Insurance Department will ONLY enforce the NSA’s balance billing prohibitions when the circumstance involves emergency and pathology, as well as radiology and anesthesiology for in-network facilities in the state in non-emergency cases. In all other cases, CMS will enforce.
  • Starting January 1, 2025: On, New Hampshire’s new balance billing law (SB173) will go into effect on January 1, 2025. The law aligns with the NSA by enacting the same requirements and prohibitions at the state level. However, in addition to the protections under the NSA, under New Hampshire’s definition of “facility,” New Hampshire’s balance billing law will also apply the protections for non-emergency services furnished by non-participating providers more broadly to institutions providing health care services and health care settings, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health settings.

Filing a Complaint

If you have received a surprise bill that you think is not allowed under the new law, you can file an appeal with your insurance company or ask for an external review of the company’s decision.

You may file a complaint with the federal government through the U.S. Department of Health and Human Services at www.cms.gov/nosurprises/consumers or by calling 800-985-3059.

State Agency Contact Information

Nevada Division of Insurance

Phone: 603-271-2261
Website: www.insurance.nh.gov/

Additional Information

Visit www.cms.gov/nosurprises/consumers or call 800-985-3059 for more information about your rights under federal law.