Consumer Protections (2024)

  • You’re only responsible for paying your share of the cost (like the copayment, coinsurance, and deductibles that you would pay if the provider or facility was in-network). Your health plan will pay any additional costs to out-of-network providers and facilities directly.
  • Generally, your health plan must:
    • Cover emergency services without requiring you to get approval for services in advance (also known as “prior authorization”).
    • Cover emergency services by out-of-network providers.
    • Base what you owe the provider or facility (cost-sharing) on what it would pay an in-network provider or facility and show that amount in your Explanation of Benefits.
    • Count any amount you pay for emergency services or out-of-network services toward your in-network deductible and out-of-pocket limit.

If you are a member enrolled in a New York insured plan and think you’ve been wrongly billed, you can also contact the New York State Department of Financial Services at (800) 342-3736 or visit https://www.dfs.ny.gov/consumers/health_insurance/surprise_medical_bills.

If you are a member enrolled in a self-funded plan, and you think you’ve been wrongly billed, state law protections may not apply, but you may have protections under federal law. Visit https://www.cms.gov/nosurprises for information about your rights under federal law.

Your rights may differ from those described above if you are covered by Medicare or other government programs, or if your plan:

  • is non-comprehensive (e.g. dental only, vision only, etc.); or
  • does not have a provider network.

What To Do If You Receive a Surprise Bill Or A Bill For Emergency Services

If You Are a Member Enrolled in a Fully-Insured EmblemHealth Plan:

A surprise bill is when an out-of-network provider treats you at an in-network hospital or ambulatory surgical center OR you are referred by an in-network doctor to an out-of-network provider. It is NOT a surprise bill if you chose to receive services from an out-of-network provider instead of from an available in-network provider before you got to the hospital or ambulatory surgical center. For a surprise bill, you are only responsible for your in-network copayment, coinsurance or deductible.

What to Do if You Get a Bill for Emergency Services.

If you get a bill for emergency services, contact EmblemHealth at the telephone number on the back of your ID card. You are only responsible for your in-network copayment, coinsurance or deductible.

What to Do if You Get a Surprise Bill.

1. Complete and sign the Surprise Bill Certification Form. You must sign a Surprise Bill Certification Form if:

Your in-network doctor referred you to an out-of-network provider; or

An out-of-network provider treated you at an in-network hospital or ambulatory surgical facility before January 1, 2022. The form is not required for services provided on or after January 1, 2022, but it is recommended.

Surprise Bill Certification Form

2. Send Form and Bill. Send the completed form to EmblemHealth and to the out of network provider and include a copy of the bill(s) you do not think you should pay.

Send the form and bill to EmblemHealth at the address(es) below, and also include a completed claim form or the Explanation of Benefits related to the service(s).

HMO /EPO Plan Types

PPO/POS Plan Types

By Mail:

EmblemHealth Claims Dept.

PO Box 2845

New York, NY 10116-2845

By Mail:

EmblemHealth Correspondence Department

PO Box 2857

New York, NY 10116-2857

By Email: HMOEmblemHealthClaim@emblemhealth.com

By Email: PPOEmblemHealthClaim@emblemhealth.com

If You Are a Member Enrolled in Self-Funded Coverage or FEHBP:

The Federal No Surprises Act protects you from surprise medical bills from an out-of-network provider in an in-network hospital or ambulatory surgical center for plans issued or renewed on and after January 1, 2022. You are only responsible for your in-network cost-sharing (copayment, coinsurance, or deductible) for a surprise bill. If you receive a surprise bill, contact EmblemHealth at the telephone number on the back of your ID card. You can also visit https://www.cms.gov/nosurprisesfor information about your rights under federal law.

For plans issued or renewed before January 1, 2022, you may qualify for an independent dispute resolution (IDR) under certain circ*mstances through New York State by submitting an IDR application to dispute the bill. To be eligible, services must be provided by a doctor at a hospital or ambulatory surgical center and you weren’t given certain required information about your care. For more information, visit the DFS website at https://dfs.ny.gov/consumers/health_insurance/surprise_medical_bills. If you qualify, you must complete an IDR Patient Application and send it to: New York State Department of Financial Services, Consumer Assistance Unit/IDR Process, One Commerce Plaza, Albany, NY 12257.

Consumer Protections (2024)

FAQs

Does the CFPB really help consumers? ›

The Consumer Financial Protection Bureau (CFPB) helps consumers by providing educational materials and accepting complaints. It supervises banks, lenders, and large non-bank entities, such as credit reporting agencies and debt collection companies.

Does filing a complaint with the FTC do anything? ›

The FTC's Bureau of Consumer Protection stops unfair, deceptive and fraudulent business practices by collecting reports from consumers and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights ...

How much money has the CFPB returned to consumers? ›

Since its creation, the CFPB has returned $20.7 billion to consumers through law enforcement activity and created unquantifiable returns for the over 205 million Americans and honest businesses harmed by the illegal practices that we have stopped.

What is consumer protection quizlet? ›

Consumer protection laws are meant to. Prevent unfair or deceptive business practices.

Why is CFPB controversial? ›

Republicans and financial industry critics, many of whom have opposed the bureau since its inception, have long argued that the funding scheme allows the agency to escape accountability. They see the agency as an out-of-control regulator with too broad a purview and too few checks on its power.

What happens if a company doesn't respond to CFPB? ›

If we can't send your complaint to the company for response, we'll send it to another federal agency and let you know. Consistent with applicable law, we share your complaint with certain state and federal agencies to, among other things, facilitate: supervision of companies, enforcement activities, and.

Who should you first contact with a consumer complaint? ›

California Attorney General's Office. File a complaint online at http://oag.ca.gov/. The Better Business Bureau. Go to www.bbb.org, or consult your phone directory for a local office.

What are the three federal agencies that provide protection to consumers? ›

Types of Consumer Protection Agencies
  • The National Highway Traffic Safety Administration (NHTSA) ensures vehicle safety standards.
  • The Consumer Product Safety Commission (CPSC) addresses product safety hazards and recalls.
  • The Food and Drug Administration (FDA) monitors and regulates food and drug safety.

Does filing a complaint with the FCC do anything? ›

The FCC cannot resolve all individual complaints, but we can provide information about your possible next steps. The collective data we receive from complaints helps us keep a pulse on what consumers are experiencing, may lead to investigations and serves as a deterrent to the companies we regulate.

Does the CFPB have any power? ›

We have supervisory authority over banks, thrifts, and credit unions with assets over $10 billion, as well as their affiliates.

How long does it take for a CFPB complaint? ›

The CFPB expects companies to provide complete, accurate, and timely responses tailored to the issues described in each consumer's complaint, generally within 15 calendar days.

How successful is the CFPB? ›

In 2023, the CFPB filed 29 enforcement actions and resolved through final orders 6 previously-filed lawsuits. Those orders require lawbreakers to pay approximately $3.07 billion to compensate harmed consumers and pay approximately $498 million in civil money penalties.

What are the 5 key consumer rights? ›

Consumer rights are consumer protections that encourage businesses to produce products and services that will be beneficial and safe for consumers. In this lesson, we will identify and discuss the five major rights of consumers: safety, information, choice, voice, and redress.

What is the point of consumer protection? ›

Consumer protection law focuses on guarding against unfair trade practices that harm buyers in the consumer marketplace. It involves statutes and regulations that seek to prevent businesses from using unfair, deceptive, or fraudulent practices in sales and similar transactions.

What is consumer protection ethics? ›

Responsibility to complain- It is the consumer's responsibility to express and file a complaint about their dissatisfaction with goods or services in a sincere and fair manner. Responsibility to be an Ethical Consumer- They should be fair and not engage themselves with any deceptive practice.

Does the CFPB respond to consumer complaints? ›

By statute, a primary function of the CFPB is to collect, investigate and respond to consumer complaints.

Is the CFPB legitimate? ›

If you have received a check from the CFPB, it is because we have taken an enforcement action against a person or company for violating a consumer financial protection law, and you are eligible for compensation as a result of this violation.

Does the CFPB educate consumers? ›

CFPB provides tools and resources to understand best practices in financial education, evaluate financial education curricula, and explore relevant research.

References

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