Claimocity Claims

Out-of-Network Claims: When Getting Paid Gets Complicated

From getting claims paid and managing denials to handling payment disputes and communicating with patients, out-of-network claims can create additional work (and complications). It’s especially vexing when a provider is out-of-network, but the hospital or facility where they practice is in-network. This situation is common among independent hospitalists, emergency physicians, anesthesiologists, radiologists, and other facility-based specialists.

In 2022, the No Surprises Act (NSA) took effect, and it changed how certain out-of-network services are handled. Among other protections, the law generally prevents patients from being balance-billed for certain emergency and out-of-network services provided at in-network facilities. When providers and insurers can’t agree on payment for an eligible claim, the federal Independent Dispute Resolution (IDR) process gives them a way to resolve the dispute.

For providers, understanding how these claims are handled is the first step toward getting paid accurately and keeping denials from eating into revenue.

How Common are Out-of-Network Claim Denials?

Most commercial insurers aren’t required to publicly report their out-of-network denial rates, making reliable industry-wide statistics hard to come by. Health insurance plans sold through HealthCare.gov have additional reporting requirements that offer some clue about these denial rates. 

According to KFF, 37% of out-of-network claims were denied in 2024, compared with 19% of in-network claims. These ACA claim denial rates are likely higher than the denial rates for employer-based plans, but it’s still notable that the out-of-network denial rate was almost twice as high. Hospitalists and other health providers who expect to provide any significant amount of out-of-network care services need revenue cycle management support. Accurate documentation, coding, and attention to detail throughout the RCM process is essential. 

In the past, providers could bill health insurance and then continue billing patients for whatever insurance didn’t pay. This was called “balance billing,” and it covered the provider if the payout was less than their normal rate. In some situations, this meant a higher total payment amount for the provider. Historically, out-of-network treatments could result in higher total reimbursements from insurance companies, although commercially insured patients were frustrated when a surprise medical bill would arrive in the mail.

When the Hospital Is In-Network, but You Aren’t

A patient’s insurance network includes more than the hospital where they receive care. The hospitalist treating them may have a different network status. In other words, out-of-network providers may work in in-network healthcare facilities. This distinction matters because hospitalists need to understand their own relationship with the patient’s health plan, rather than assuming that the facility’s network status applies to everyone practicing there. It also explains why some patients who never had any intention of using an out-of-network provider will sometimes find themselves doing so.

Depending on the provider’s billing arrangement, the practice may submit inpatient claims directly to the insurer. In other situations, the hospitalist or inpatient provider may give the patient a “superbill,” which contains the information needed to submit the claim themselves.

The No Surprises Act Changed the Rules

Before the NSA, patients could sometimes receive a surprise bill after receiving care from an out-of-network provider. The provider could then bill the patient for the difference between its charge and what the insurer paid, a practice known as balance billing.

Patients Get More Protection

Providers Still Have Options

The NSA doesn’t mean providers simply have to accept whatever amount an insurer decides to pay. For eligible claims, providers and insurers can use the federal IDR process when they cannot agree on a payment amount. The patient protections remain in place, while the rules governing how providers and insurers resolve payment disputes continue to evolve.

When the Payer Says No: Understanding IDR

When a provider and insurer disagree about payment for an eligible NSA claim, they may be able to use the federal Independent Dispute Resolution process. Providers and insurers generally must first complete a 30-business-day open negotiation period. If they can’t reach an agreement, either party can initiate IDR within the applicable deadline. A certified IDR entity reviews information submitted by both sides and selects one party’s payment offer. It doesn’t simply split the difference between the two offers. 

The qualifying payment amount (QPA) is one factor considered during the process. Providers can also submit additional information supporting their payment offer. For providers, a strong IDR submission starts with a strong claim. 

Before entering the process:

  • Confirm that the claim is eligible for IDR. 
 
  • Review the insurer’s payment and QPA information carefully.
 
  • Make sure the coding and clinical documentation support the services billed.
 
  • Provide relevant information that supports the requested payment amount.
 
  • Watch deadlines closely and follow current requirements for submitting batched claims. A missed deadline or procedural error can create another obstacle to getting the claim resolved.

Independent Dispute Resolution Keeps Changing: What Providers Need to Know

The federal IDR process continues to evolve. In May 2026, CMS issued a final rule making several changes to how the process operates. There are a couple of notable changes:

  • Disputes initiated on or after June 11, 2026 require a $15 administrative fee per party.
 
  • Beginning November 1, 2026, new batching requirements apply to disputes with open negotiation periods starting on or after that date, including a 50-line-item limit.
 

These changes make it especially important for providers to keep current with CMS requirements when pursuing payment disputes.

Don't Let Out-of-Network Billing Become a Patient Problem

Not every out-of-network claim is submitted directly by the inpatient care provider. In some situations, a practice may provide the patient with a superbill that contains the information needed to submit the claim to their insurance company. In other cases, the provider may be able to submit the claim electronically on the patient’s behalf. Either way, the process can be confusing for patients, especially when they didn’t know that the hospitalist treating them was out of network.

Clear communication can help patients understand:

  • What services were provided and billed
  • What was submitted to their insurance
  • What the insurer is expected to pay
  • What the patient may owe
  • What happens next
 

Good communication isn’t just about customer service. It can also support the revenue cycle by reducing confusion, preventing unnecessary disputes, and helping patients understand their financial responsibility.

Keep Out-of-Network Claims Moving

Managing out-of-network claims effectively requires more than submitting a claim and waiting for payment. Hospitalists need processes that support accurate charge capture and coding, identify missing information, track claims and denials, and make it easier for billing teams to follow up on unpaid claims. Automated RCM tools can reduce some of the manual work involved in these processes and help billing teams stay on top of unpaid claims.

The combination of clean claims, supporting documentation, and proactive communication with payers puts you in the strongest position possible if it does become necessary to enter the IDR process.

A Better Way to Manage Out-of-Network Claims

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