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In 2020, Governor Whitmer signed into law legislation that would add surprise billing protections to Michigan’s Public Health Code, stopping the potential for surprisingly high out-of-network charges for health care procedures. Under the Michigan law, providers must inform patients in advance of a scheduled procedure that their health insurer may not cover all their medical services and that they can request care from an in-network provider.
However, new federal surprise billing protections have also come into effect. How do these provisions interact with, and in some cases supplant, the Michigan law?