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---
title: Surprise Medical Bills: How You Could Get Hit
description: An estimated 1 in 3 American adults with private health insurance fell victim to a surprise medical bill in the past two years.
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author: Haley Sweetland Edwards
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article:published_time: 2016-03-07T19:38:02.000Z
article:modified_time: 2026-08-04T07:56:07.320Z
article:section: Health
og:title: How You Could Get Hit With a Surprise Medical Bill
og:description: Even if you have health insurance.
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twitter:title: How You Could Get Hit With a Surprise Medical Bill
twitter:description: Even if you have health insurance.
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![](https://static.time.com/v3/assets/bltea6093859af6183b/bltac627833cdf19d1c/69888085a988ca05e16b6de6/medical_bill.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9)


# How You Could Get Hit With a Surprise Medical Bill

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<!-- video src="https://cdn.jwplayer.com/manifests/A1nDxOli.m3u8" -->
## Video: The Truth About Egg Freezing

[Watch (HLS stream): The Truth About Egg Freezing](https://cdn.jwplayer.com/manifests/A1nDxOli.m3u8) (8:41)

![The Truth About Egg Freezing](https://cdn.jwplayer.com/v2/media/A1nDxOli/poster.jpg?width=720)

_Published 2015-07-16. Vicki Rokhlin, 28, is relying on her 14 frozen eggs to have children. But will they work?_


![Haley Sweetland Edwards](https://static.time.com/v3/assets/bltea6093859af6183b/blte78c1d2d2016e2ff/698940834ee2623c303137fa/h_edwards.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1:1)

by 

[Haley Sweetland Edwards](https://time.com/author/haley-sweetland-edwards/)


![Haley Sweetland Edwards](https://static.time.com/v3/assets/bltea6093859af6183b/blte78c1d2d2016e2ff/698940834ee2623c303137fa/h_edwards.jpg?branch=production&width=96&quality=75&auto=webp)

## Haley Sweetland Edwards


Mar 7, 2016 7:38 PM UTC

![Medical bills with stethoscope](https://static.time.com/v3/assets/bltea6093859af6183b/bltac627833cdf19d1c/69888085a988ca05e16b6de6/medical_bill.jpg?branch=production&width=1200&quality=75&auto=webp&crop=3:2)

Medical bills with stethoscope

Medical bills with stethoscope Getty Images

![Haley Sweetland Edwards](https://static.time.com/v3/assets/bltea6093859af6183b/blte78c1d2d2016e2ff/698940834ee2623c303137fa/h_edwards.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1:1)

by 

[Haley Sweetland Edwards](https://time.com/author/haley-sweetland-edwards/)


![Haley Sweetland Edwards](https://static.time.com/v3/assets/bltea6093859af6183b/blte78c1d2d2016e2ff/698940834ee2623c303137fa/h_edwards.jpg?branch=production&width=96&quality=75&auto=webp)

## Haley Sweetland Edwards


Mar 7, 2016 7:38 PM UTC

Almost exactly a year ago, John Elfrank-Dana, a 58-year-old father of three, slipped on the steps of a New York subway, slammed his skull on the metal and concrete, and was launched into what can only be understood as the seventh circle of modern medical billing hell.

As a public school teacher in New York City, Elfrank-Dana gets his medical insurance through the district’s Emblem plan. He pays a small premium each month and, like the rest of us, thought that meant he was covered in the event of an emergency. He would pay his deductible—and the insurance would pick the rest, right?

But that, Elfrank-Dana quickly discovered, is not how it actually works.

Five weeks after sustaining that head injury, Elfrank-Dana started feeling dizzy, checked into the nearest emergency room in Bergen County, New Jersey, and was rushed in for a craniotomy, a surgical procedure that removes part of the skull. After that, the hospital visits started piling up. He was treated for a fistula, then another surgery to drain the blood from his head again, then a series of appointments to address a brain infection related to the original craniotomy. It just never ended.

At one point in that nightmare, the medical bills started rolling in. A few thousand here. Ten thousand there. Twenty-two thousand more. By end of the year, Elfrank-Dana was staring down roughly $106,000 in medical bills. And none of it was covered by his insurance.

“My insurance had made payments to the hospital and anesthesiologist but it was a fraction of what they were asking,” Elfrank-Dana told TIME recently. “So they started going after me for the balance.”


While Elfrank-Dana didn’t know it at the time, he had become the latest victim of what is known, aptly, as “surprise medical bills.” They arise when what an insurer pays a provider doesn’t match up with what a doctor, physicians’ group or out-of-network hospital actually charges. It happens all the time.

According to a 2015 survey by _Consumer Reports_, surprise medical bills are extremely common. An estimated 1 in 3 American adults with private health insurance fell victim to a surprise medical bill in the past two years.

This week’s TIME magazine has a feature, [“The Hidden Cost of Surprise Medical Bills,”](http://time.com/4246077/medical-bills-hidden-cost/) describing the problem, its causes, and solutions, an includes more stories from people like Elfrank-Dana. Here’s the Cliff’s Notes version.

Surprise medical bills happen most often when a hospital contracts with medical providers—including doctors, surgeons, anesthesiologists, lab technicians—that do not accept the same insurance plans that the hospital does. That means that patients, like Elfrank-Dana, can walk into an in-network hospital, see an in-network doctor, and suddenly find himself on the hook for thousands of dollars anyway, just because he inadvertently received care from a provider, such as a lab technician or physician, who was out-of-network.


Surprise medical bill are especially common in emergency rooms and surgical theaters. Often, a patient will go in for a procedure with an in-network surgeon at in-network hospital, but then wake up from anesthesia to discover that, at some point, an out-of-network physician had popped into the room to provide a consultation or help with the surgery. And when that happens? Boom: the patient receives an out-of-network bill.

The whole problem of “surprise medical bills” arises from the convoluted way that medical billing works in this country. As it is, an insurance company, like Emblem or Blue Cross Blue Shield, negotiates a set of repayment rates with hospitals and medical providers, which they then list as “in network.” If a hospital or physicians group refuses to accept the insurance company’s repayment rates—often because they’re too low—then those providers are listed as “out-of-network.”


But here’s where it gets complicated. Often times, an insurance company will successfully negotiate with a _hospital_, but the hospital will then turn around and sign a sole contract with a group of, say, anesthesiologists or surgeons, who do not accept that same type of insurance.

That puts the patient in the awkward middle. A patient’s insurance covers all in-network costs after the patient reaches his deductible, but meanwhile, the patient himself is receiving bills from any and every out-of-network provider that contributed to his care. In many cases, insurance plans pay just a small percentage of such out-of-network bills, or nothing at all.

Obamacare was supposed to fix these sorts of problems, and the 2010 law does go part of the way there. But it leaves open two big loopholes.

The first has to do with emergency medical care. Under Obamacare, Americans don’t have to worry about whether the nearest hospital is in-network or out-of-network. During medical emergencies, insurance companies are required to bill patients as if the hospital where they end up is in-network, even if it’s not. That means that if a patient usually pays a 20% co-pay for care at an in-network facility and 80% for care at an out-of-network facility, the insurers must abide by the 20% in-network co-pay.


That’s a huge step in the right direction, but it still leaves patients wide open to surprise bills. After all, there’s nothing stopping any out-of-network medical provider at that hospital, including emergency room doctors, from sending patients a separate bill later, charging them for whatever their insurance company didn’t cover. That’s what happened to Elfrank-Dana.

The second issue has to do with the total amount that patients can be charged out-of-pocket. Under Obamacare, insurers are required to cap out-of-pocket payments at $6,850 (and $13,700 for families). Again, that’s progress. But those caps only include in-network care. If a patient like Elfrank-Dana reaches the $6,850 cap, but then receives $80,000 in surprise, out-of-network bills, after leaving the hospital, then, well, he’s out of luck.

The big question on most people’s mind is who’s to blame. And the answer is a political hot potato: if you pass a law that prohibits saddling patients with “surprise bills,” then someone else is going to be on the hook. And that someone else will be one of the three most powerful players in the American medical industry: insurance companies, hospitals and the physicians lobby. None of them want to be left holding the bag.


Jay Kaplan, the president of the American College of Emergency Physicians, says his heart goes out to patients, who he and his association work with on a person-to-person basis. “We want patients out of the middle as much as everybody does,” he told TIME recently. He puts the onus on insurers to offer higher reimbursement rates, in order to include more providers in-network. “Insurance companies use their own black box database to determine how much they’re going to repay physicians,” he says, and often times, those reimbursement rates are just not enough for doctors to accept them.

Tom Nickels, an executive vice president of the American Hospital Association, agrees: it should be the insurance companies that pay more, expand their networks, and eliminate the problem.

Insurance companies, meanwhile, say that’s not realistic. Insurers already offer medical providers reimbursement rates that are as high as possible, while keeping costs for consumers—you, me, our employers—are low as possible, said Clare Krusing, who represents America’s Health Insurance Plans. If insurers began paying doctors and hospitals as much as they asked for, insurance premiums would spike.


“Providers that choose not to participate in a network plan have a variety of reasons, the main one being that they want to charge higher rates for their services,” Krusing told TIME. “When you have a pricing structure like that that, patients are being asked to write a blank check.”

According to the [2015 Medscape survey](http://www.medscape.com/features/slideshow/compensation/2015/public/overview#page=2), the average compensation for $284,000 for specialists and $195,000 for primacy care doctors. Average salaries have increased modestly but consistently since the passage of Obamacare in 2010\. Emergency room physicians made a mean salary of [$306,000 in 2015](http://www.medscape.com/features/slideshow/compensation/2015/public/overview#page=3), up from [$270,000 in 2013](http://www.medscape.com/features/slideshow/compensation/2013/emergencymedicine).


A year after his accident, Elfrank-Dana says his billing saga continues. His insurance company and the surgeon at the New Jersey hospital eventually reached a settlement totaling about $56,000, but he’s still on the hook for roughly $50,000 more for both the hospital bill and the anesthesiologist. He recently got help from a consumer rights advocate and a billing secretary at a New York-based hospital, both of whom are “coaching him,” he says, on how to fight the charges. Despite two brain surgeries, Elfrank-Dana said that by last September, he started firing off one letter a day.

“It’s so hard figuring out who’s the bad guy,” he added. “I know some people who take out a second mortgage to pay for these kinds of bills. For me, if I paid these bills, it would deplete my college savings for my kids. And I was saving for half of state school tuition for three kids. That’s the opportunity cost here. It makes me all the more indignant.”


## Transcript

I liken it to the feeling when my friends get engaged and they're so excited that they just solved this huge mystery in their life, and I'm happy for them. But, when I went through it and when I froze my eggs, I realized that I I've done this for myself. There was no man swooping in to fill in this puzzle piece. That was really empowering to know that I took fate into my own hands, and have changed the path of my life, because I wanted to, and I could. [ MUSIC ] I have a lot of these dreams that I wanna live out on my timeline. A lot of those dreams include long spans of international travel. I wanna write a novel.

At one point, I'd love to be a TED talker. And so I was at my gynecologist office and she was so supportive when I was telling her about my dreams. And I was having a lot of anxiety How I was going to fulfill all these dreams before 32, 33, 34. And so we started talking about egg freezing. I kind of brought it up to her as a joke. And she said, you know, you should really think about this. And so she referred me to a doctor. We've seen a transformation in the type of patient who comes in for elective egg freezing. Six or seven years ago, it was often a woman who was experiencing concerns over her reproductive potential, Many of them already had diminished ovarian reserve.

We could fast forward that today, where the woman are coming in. They're 35 years old, very frequently. The buzz is in the air at the company that Women her age, in her situation, are taking charge of their fertility, are coming in and freezing their eggs. So the culture has changed dramatically. [ MUSIC ] So I'll show you what we're basically trying to do is replace the water in the cell with a sugar- based cryoprotectant solution so that there are no ice crystals. Ice crystals cause damage to cell membranes [ BLANK_AUDIO ] Okay. Now I'm going to load the eggs onto the cryo device. All right, and then they get plunged into the liquid nitrogen.

So this is the liquid nitrogen tank. [ BLANK_AUDIO ] This one here [ BLANK_AUDIO ] [ INAUDIBLE ] That's it. [ BLANK_AUDIO ] We've been fortunate enough to have dozens of women achieve a healthy pregnancy after using their thawed eggs. Recent reports in the literature suggests that over 10, 000 healthy babies have now been born from egg freezing technology. But some of those numbers that you just mentioned. Those are often just any births from a frozen egg. They don't necessarily distinguish between whether the egg was frozen by a donor or by a mother herself. Do you have any data about The number of babies that have been born from the mother's own frozen egg here at this clinic.

[ BLANK_AUDIO ] So reports suggest that we've had over 10, 000 babies nationally and internationally from frozen eggs. But I know a lot of those babies aren't necessarily from women who have electively frozen their eggs for social reasons, many of them are from donor eggs. There is a difference from taking a 22 year old frozen egg and taking a 35 or 40 year old woman's egg. and someday thawing and fertilizing and transferring. So we have to be really careful about how we council patients. I know that many of the patients who freeze their eggs here are going to be able to someday have a healthy baby, but it won't be everybody.

That's why it's not an insurance policy. It's just an opportunity to take some control over something we've really never had control of before. The truth about egg freezing is it's a relatively new procedure. It was just declassified as being experimental about a little over a year ago. So for that reason, there is not this large, comprehensive data pool of the number of eggs frozen, and then thawed, that have become babies. The vast majority of eggs that have been frozen have not been retrieved yet. So women have to understand that there are no numbers for them to call from when they are looking for will this work me.

Because I'm 28 and my fertility is the best that it will ever get, I was able to do everything in one round. And I didn't understand the power of that until I woke up in the hospital right after surgery next to a 34 year old woman and she told me this was her third time trying this year, that's putting your body through three rounds of hormone injections, three surgeries And it's three times as expensive. And so the moment that really validated it for me was when this 34 year- old woman who had done 3 rounds in a year turned to me and said, wow. I wish someone had told me to do this at 28 cuz I would have.

Some physicians and some marketing fertility arms do push women to freeze their eggs when they're at a very young age. Other clinics prefer that women wait until age 30 because what they've found is that the younger you are when you freeze, the less likely you are to need the eggs later on. However, as with most things in life, this is a double- edged sword. The younger you are, the better the quality of your eggs is going to be. Decreasing fertility starts during the time a woman is in her late puberty and goes throughout her life. Even when a woman is still getting her period in her late forties or even early fifties, it doesn't mean she's making normal eggs and that they're gonna be able to end up with healthy babies from that.

It's not the success rate. It's the success rate for women like you. Are you 29? Are you 39? Are you 33? How are your tubes? Or do you have endometriosis? What's your hormonal health like? What's your body mass index? There are a huge number of varietal. That will determine conception success, whether it's natural or medically enhanced. Before I did all the research, I thought egg freezing was easy. And then I started reading blogs. And I started to get a sense of like whoa, your body goes through a lot. You're essentially forcing yourself to go into pregnancy mode in two weeks instead of nine months.

I mean my estrogen shot up from 61 to 1900, I felt crazy. And I wasn't really prepared for that. Most of the women that have reached out to me The overall theme is, thank you for bringing awareness to the gravity of how much you put your body through, how much time this takes, how different your life is. Women shouldn't take this lightly, it's a big financial consideration, it's a big health consideration. It's a month of your life that you're sitting at home, you're not dating, you're not drinking, you're not smoking, you're not partying, you're not traveling. That was really hard for me Me. I mean I was up every morning at 7 AM to get an ultrasound, and a blood test.

[ MUSIC ] I think there's no guarantee in life, right? No guarantee that I could have a child naturally, and there's no guarantee that one of these implanted embryos will stick. So, all that I can do is Is give my kids the best shot of a healthy future as possible. [ MUSIC ] Egg freezing is an amazing Oppurtunity but it is not. Absoutely not. An ironclad insurance policy. Know that going in. Hedging your bets is always a good idea in life. And you've got about $ 17000 in your back pocket that you're not gonna notice if it goes away Consider egg freezing. It's really going to work for a lot of women, but it's not going to work for everyone.

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