Health care: The 'No Surprises Act' is now in effect, but there's one glaring omission

The No Surprises Act, health care legislation targeted at preventing surprise medical bills, officially went into effect on Jan. 1, albeit with one major exclusion: ambulance bills.

A 2021 survey found that ambulance bills account for 8% of all medical debt. A big reason why is because 51% of emergency and 39% of non-emergency ground ambulance rides include an “out of network” charge from insurers, according to the Peterson-KFF Health System Tracker.

“I think part of the issue is that a lot of ambulances are run by the states, which makes it more complicated for them,” Matthew Rae, associate director at the Kaiser Family Foundation, told Yahoo Finance.

Just 10 states have protections in place against surprise billing by ground ambulance providers in health care. (Chart: The Commonwealth Fund)
Just 10 states have protections in place against surprise billing by ground ambulance providers in health care. (Chart: The Commonwealth Fund)

Furthermore, Rae added, you can “absolutely not” request a specific ambulance provider to ensure it’s in-network. Just 10 states have laws in place protecting consumers from being balance-billed by a ground ambulance provider.

“Most places you may not have a choice over who’s the ambulance that shows up,” Rae said. “This is absolutely a place where someone who is having an emergency has to make a call and they don’t have control picking their provider and then they are potentially subjected to a surprise bill.”

'Fundamentally broken' ambulance billing system'

According to the Peterson-KFF Health System Tracker, citing data from seven states, “more than two-thirds of emergency ground ambulance rides had an out-of-network charge for ambulance-related services.”

Loren Adler, associate director of the USC-Brookings Schaeffer Initiative for Health Policy, told Yahoo Finance that there is "only one [provider] who has a monopoly contract for the region you live in. There’s literally no choice. Not that you really have a choice of emergency physicians, barely have any choice over an anesthesiologist, but it’s even more extreme. We think of ground ambulance services as if it should be like a municipal fire department type of service."

Adler noted that “something like 80%” of ground ambulances are out-of-network.

Dr. Paul Davis of Findlay, Ohio holds up a large surprise medical bill that he received for U.S. President Donald Trump to see during an event centered on a proposal to end surprise medical billing in the Roosevelt Room at the White House in Washington, U.S., May 9, 2019. REUTERS/Jonathan Ernst
Dr. Paul Davis of Findlay, Ohio holds up a large surprise medical bill that he received for U.S. President Donald Trump to see during an event centered on a proposal to end surprise medical billing in the Roosevelt Room at the White House in Washington, U.S., May 9, 2019. REUTERS/Jonathan Ernst · Jonathan Ernst / reuters

“It’s fundamentally broken … it’s not like the ambulance has as much power because they don’t get to choose who they pick up,” he said. “Neither side has a lot to stand on here. And then you’re getting a lot of one-off fights between the insurers and the ground ambulances which is not great for the patients stuck in the middle.”

And those who are without any health insurance and in need of an ambulance are responsible for footing the entire bill, though Rae noted that they do have the ability to negotiate.

"This is a place where people can incur big expenses," he said.