News & Insights


Surprise Billing Laws

In recent years the term “surprise medical bill” has been a frequent topic of conversation, news and legislation. The term describes charges arising when an insured person inadvertently receives care from an out-of-network provider. Surprise medical bills can arise in an emergency situation when the patient is not able to select the emergency room or treating physicians. Surprise bills can also arise when a patient receives planned care at an in-network facility but later finds out that a treating provider treating (e.g., an anesthesiologist or radiologist) does not participate in the patient’s health plan’s network.

States have begun to enact laws to protect some patients from surprise medical bills. Some states have enacted and implemented laws taking a comprehensive approach to surprise bills, while other states have taken a more limited approach. At least four states enacted new surprise medical bill laws in 2019. However, states have limited jurisdiction to protect many residents who receive insurance through their employer from surprise medical bills due to preemption by the Employee Retirement Income Security Act of 1974, or ERISA. This has led many to call for federal legislation to address surprise medical bills in situations where ERISA preempts state laws.

This webinar will discuss the following aspects of surprise medical bills:

  • The prevalence, causes and concerns of surprise medical bills;
  • States that have passed legislation aimed at addressing surprise medical bills;
  • A comparison of the approaches and applications of the state laws;
  • Limitations on the jurisdiction of state laws and the potential effects of federal legislation; and
  • The current status of federal surprise medical bills legislation, what it might look like, and the odds of its successful passage. 

Wednesday, October 16, 2019
1:00 P.M. – 2:00 P.M. ET


King & Spalding is an accredited provider of CLE credit in California, Georgia, Illinois, New York and Texas. We can issue reciprocal credit for attorneys licensed in Connecticut, Florida, and New Jersey. We will apply for credit in Colorado, North Carolina and Virginia (subject to MCLE Board approval). For jurisdictions not listed, attendees are provided with a Universal Certificate of Attendance. New York licensed attorneys: Transitional/Appropriate for newly-admitted and experienced attorneys. Financial aid is available for qualifying lawyers. For CLE-related questions, please contact Gisel Arias, King & Spalding, 1180 Peachtree Street NE, Atlanta, GA 30309. CA Provider #10947.

Event Details

Date: October 16, 2019

Time: 1:00 pm (ET)

Attend This Event

Please register soon. You do not have to be a client to attend, and there is no charge.