Insurance denied the assistant surgeon on my emergency surgery. Do I have to pay?
Usually not the full amount. For emergency care the No Surprises Act caps what you owe to in-network cost sharing for every provider in the episode, including an out-of-network assistant, and if the denial says "not medically necessary" the operating surgeon's report and statement are the appeal.
What to do, in order
- Step 1
Read which denial you have
"Out of network" on an emergency claim: your cost sharing is capped at the in-network amount by federal law and the provider may not balance-bill the rest. "Not medically necessary": the insurer is second-guessing the surgeon on whether an assistant was needed.
- Step 2
Get the operative report and a surgeon's statement
Ask the surgeon's office for the operative report and one paragraph on why an assistant was required (complexity, perforation, adhesions, time of night). Ask the insurer for the assistant-at-surgery policy it applied to the procedure code and the reviewer's credentials.
- Step 3
Send the bill back with the right words
Write to the biller: emergency services, No Surprises Act, cost sharing limited to the in-network amount, account to be held pending the appeal and the federal dispute process.
- Step 4
Appeal the medical-necessity denial
Attach the denial, the operative report, the surgeon's statement and a letter asking for the specific policy and clinical criteria relied on. If the plan is ERISA, request the claim file in the same letter.
The deadline that applies
At least 180 days from the denial notice on ERISA and ACA plans (29 CFR 2560.503-1; 45 CFR 147.136). Balance-billing complaints under the No Surprises Act go to the federal help desk at any time; the plan's appeal deadline still applies to the medical-necessity denial. The letter controls.
Calculate your date →Documents to gather
- The denial or EOB for the assistant's charge
- The operative report
- The surgeon's statement on why an assistant was needed
- The insurer's assistant-at-surgery policy for the procedure code
- The provider's bill and any collection notice
Go deeper
Related questions
Does the No Surprises Act apply to employer plans?
Yes, to group and individual plans, insured and self-funded.
Does it matter that the assistant was a physician assistant, not a surgeon?
No. The protection is by service, not credential, and the medical-necessity question is the same.
Can the hospital send me to collections while I appeal?
Ask in writing for the account to be held pending the appeal and the federal dispute process. Most providers do.
Sources
Upload the denial letter. A senior reviewer reads it within 24 hours and tells you in writing whether it can be appealed and how. $0 upfront, 10% of what is recovered, nothing if we do not recover. Not a law firm.
Start a free denial review →