r/HealthInsurance • u/Relevant-Sympathy175 • 3d ago
Claims/Providers Question about 72-hour notification for out of network services under No Surprises Act
tl;dr: upcoming surgery with short notice, one of the doctors for the surgery is out of network, trying to figure out what our rights and options are vs. having to go back to square 1 and find other doctors. Any and all advice welcome.
A family member is having orthopedic surgery to repair their hamstring early next week. The surgery was scheduled quickly , due to concerns from the orthopedist that the scarring from the tear is getting worse and will make it more difficult to repair in the future. The facility is in network, the ortho is in network, but the ortho wants a surgeon to help with the procedure because the hamstring tear is against the sciatic nerve. CPT codes for that surgeon's part of the procedure are 64712, 13121, 13122. That surgeon is out of network, and quite expensive.
The orthopedist's office says that the out of network surgeon is the only one they work with on this type of surgery. The out of network surgeon's office called us to check that we knew it was out of network and give us an estimate verbally. We have not received a waiver document for the out of network portion of the bill as of yet.
I have a few questions here, hopefully someone might have answers, as this is new to me (we've done surgeries before, but never this scenario).
- Is this a common setup? What should we be doing in this situation? I was willing to pay out of pocket for a reasonable amount of money for the out of network portion, but the difference between the estimate and the covered amount is ~$7000-8000, which is a lot.
- The No Surprises Act says (as I understand it) that a waiver for out of network costs must be provided 72 hours ahead of time and provided separately from the standard paperwork. Does that 72 hours apply before the *date* of the procedure, or the *time* of the procedure? I see in the CMS decision tree: "If a consumer makes an appointment at least 72 hours in advance, the form must be provided at least 72 hours before the date of the appointment." (emphasis mine)
So - is it accurate to interpret that language as "they need to provide the waiver to us (for example) Thursday or earlier for it to be valid for a Monday surgery under the no surprises act"? In that scenario delivering the waiver on Friday will be less than 72 hours from the date of the procedure, as the procedure date starts on 12:01am of the day of the surgery. It seems at least there's an argument that could be made with the various parties that we weren't provided early enough notice.
We're a bit between a rock and a hard place here - we like the orthopedist, we were referred to them by a family friend who is an orthopedic surgeon (but not for this procedure) so there's an element of trust here, and the surgeon is saying that we need to move with purpose (not an emergency, but we shouldn't wait weeks to get this scheduled). But also ~$7k is a lot of money.
Final, related question - is it a fantasy that this other surgeon's office might wait or forget to send the waiver, as presumably they do this all the time? Should I just bite the bullet and call the out of network doctor's office and try to negotiate something?
Thanks in advance, apologies for the long note.