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An ambulance company billed me after my emergency room trip, and my plan says the company is out of network. Do I owe that bill?
Health insuranceWho paysTexasChecked Nov 6, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Texas Insurance Code · Chapter 1301 · § 1301.166(a) «Out-of-Network Emergency Medical Services Provider» View original ↗
In short
What this means
Texas has a rule for the ground ambulance bill. Start with what it covers. It uses the term emergency medical services provider, as that term is defined in the Health and Safety Code [1]. But it does not include an air ambulance [1]. So if you were flown, this is not your rule, and these sources do not say which one is.
Next, what your plan must pay. Did the city, county or other political subdivision submit its rate to the department? Then the insurer pays that rate, for the place the service or the transport began [2]. If no rate was submitted, the insurer pays the lesser of two amounts [2]. One is the provider's billed charge [2]. The other is 325 percent of the current Medicare rate, with any extenders and modifiers that apply [2]. The insurer must pay the provider directly [3]. The deadline is the 30th day after a clean electronic claim, or the 45th day after a clean claim on paper [3].
Now your side of it. An out-of-network emergency medical services provider may not bill you more than your copayment, coinsurance and deductible [4]. The law adds that you do not have financial responsibility above that amount [4]. The bar also covers anyone claiming as an agent or assignee of the provider [4]. Your share is based on the amount the insurer first determined payable, or on the modified amount from its internal appeal [4]. So a bill for the leftover balance is the one to dispute in writing.
Two limits to know before you lean on this. The section says in plain words that it expires September 1, 2027 [5]. Care given after that date may run on a different rule, so check the date of your transport. And these are the rules for a preferred provider benefit plan. An HMO, or a plan that pays its own claims at work, runs on other rules, so ask your plan which rule it is applying to your claim.
Your next step
Check the date of the transport first, and whether it was a ground ambulance [1] [5]. Then put the bill next to your Explanation of Benefits and find your copayment, coinsurance and deductible for that claim [4]. Write to the ambulance billing office and to the plan on the same day. Say that your responsibility is limited to those amounts, and ask for a corrected bill [4]. Ask the plan two things in writing: the amount it determined payable, and the date it paid the provider [2] [3]. The sources give no deadline for your own letter. The dates they do give are the insurer's. It must pay by the 30th day after a clean electronic claim, or by the 45th day after a clean claim on paper [3]. Keep a copy of every letter, with the date you sent it.
Check it yourself
Find the date and the type of transport on the bill [1]. Then find the amount your plan says you owe on the Explanation of Benefits, and compare it with the amount the company is asking for [4]. Then ask your plan whether it paid a rate submitted by the city or county, or the lesser of the billed charge and 325 percent of Medicare [2]. What rule covers an air ambulance bill: "Don't know yet" here.
Where this comes from (5)
[1] Texas Insurance Code · Chapter 1301 · § 1301.166(a) «Out-of-Network Emergency Medical Services Provider» · checked 2026-11-06
In this section, "emergency medical services provider" has the meaning assigned by Section 773.003 , Health and Safety Code, except that the term does not include an air ambulance.
[2] Texas Insurance Code · Chapter 1301 · § 1301.166(b) «Out-of-Network Emergency Medical Services Provider» · checked 2026-11-06
an insurer shall pay for a covered medical care or health care service performed for, or a covered supply or covered transport related to that service provided to, an insured by an out-of-network provider who is an emergency medical services provider at: (1) if the political subdivision has submitted the rate to the department under Section 38.006 , the rate set, controlled, or regulated by the political subdivision …
[3] Texas Insurance Code · Chapter 1301 · § 1301.166(d) «Out-of-Network Emergency Medical Services Provider» · checked 2026-11-06
The insurer shall make a payment required by this section directly to the provider not later than, as applicable: (1) the 30th day after the date the insurer receives an electronic clean claim as defined by Section 1301.101 for those services that includes all information necessary for the insurer to pay the claim; or (2) the 45th day after the date the insurer receives a nonelectronic clean claim as defined by Secti…
[4] Texas Insurance Code · Chapter 1301 · § 1301.166(e) «Out-of-Network Emergency Medical Services Provider» · checked 2026-11-06
An out-of-network provider who is an emergency medical services provider or a person asserting a claim as an agent or assignee of the provider may not bill an insured receiving a medical care or health care service or supply or transport described by Subsection (b) in, and the insured does not have financial responsibility for, an amount greater than an applicable copayment, coinsurance, and deductible under the insu…
[5] Texas Insurance Code · Chapter 1301 · § 1301.166(g) «Out-of-Network Emergency Medical Services Provider» · checked 2026-11-06
This section expires September 1, 2027.
How we found this
We matched your question to 5 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.
What we don’t know yet
Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.
Every answer is checked against the official rule it quotes.
Information only — not legal advice. Your plan, insurer or agency decides.
This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.
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