Your rights to see out-of-network providers
The Office of the Insurance Commissioner reviews health plans to make sure that consumers have reasonable access to covered services without unreasonable delay.
We also ensure that all qualified health plans offered through the Washington Healthplanfinder meet network access requirements.
In most cases, health plans deliver their benefits by contracting with in-network providers at negotiated rates. In some cases, such as where unique covered services are available only through a particular provider or facility, plans may make other arrangements (such as paying billed charges) to ensure access to these services.
If these types of arrangements are necessary to receive care, patients will pay the same share of costs as they would at any other in-network facility.
Questions and answers
Can the insurance commissioner require plans to include certain providers or medical facilities in health plans?
No, we don't have the authority to order health plans to include a specific doctor or medical facility. Health plans and health care providers privately negotiate the agreements and reimbursement rates for their provider networks.
What if there is an emergency and the closest hospital is out-of-network?
State law protects consumers from unexpected costs if they need to go to an out-of-network facility for emergency care.
If a consumer reasonably believes that going to an in-network hospital ER would have resulted in a delay that would worsen the emergency, their health plan must pay the same amount to the out of network ER provider as they would to a contracted provider. However, consumers need to be aware that out of network emergency rooms can bill them for any amounts they charge over the contracted rate paid by their insurance company.
Remember, most health plans require an enrollee to contact the plan as soon as possible if the emergency care results in inpatient treatment (usually within 24 hours of admission).
What is the insurance commissioner doing to improve access for consumers?
State law (app.leg.wa.gov) sets specific requirements for provider networks that a health plan must have in place to ensure access to covered services. These include:
- Having an adequate number of providers and sufficient types of providers to support delivery of and access to covered services without unreasonable delay
- Providing access to care in a timely manner and within reasonable proximity
- Improving transparency so that consumers understand how to access in-network and out-of-network care
Health plans are allowed to offer narrower provider networks, since some consumers may wish to select a less expensive plan in exchange for fewer choices in providers. However, these narrower network plans must still ensure access to covered services.
What can consumers do if they have current issues about getting care from specific providers?
If consumers have complaints about how to access care at an out-of-network provider or facility, we will investigate.
Our consumer advocates are available by phone at 800-562-6900, Monday through Friday from 8 a.m. - 5 p.m.
Complaints also can be filed online, 24 hours a day, seven days a week, by the family or parent, a friend of the family or even their medical provider.