No, hospitals cannot "balance bill" the patient in such situations. If a hospital treats a patient who is out of network for a non-emergency-after the patient has been stabilized -and the patient acknowledges that they will be responsible for the bill, the patient can be billed. If they treat them and they have not informed them, they cannot bill them. If the hospital is not "in network" and the services provided do not meet the prudent layperson definition of emergency services, it is highly likely that they will be reimbursed zero by the Health Plan-not 90%.
Here is the language from the contract:
•20.1.Hold Harmless as to the CCN Member
•20.1.1. The CCN hereby agrees not to bill, charge, collect a deposit from, seek cost sharing or other forms of compensation, remuneration or reimbursement from, or have recourse against, CCN members, or persons acting on their behalf, for health care services which are rendered to such members by the CCN and its subcontractors, and which are core benefits and services.
•20.1.2. The CCN further agrees that the CCN member shall not be held liable for payment for core benefits and services furnished under a provider contract, referral, or other arrangement, to the extent that those payments would be in excess of the amount that the member would owe if the CCN provided the service directly. The CCN agrees that this provision is applicable in all circumstances including, but not limited to, non-payment by CCN and insolvency of the CCN.
20.1.3. The CCN further agrees that this provision shall be construed to be for the benefit of CCN members, and that this provision supersedes any oral or written contrary agreement now existing or hereafter entered into between the CCN and such members, or persons acting on their behalf.