; and (2) by adding at the end the following new subsection: (j) Protections against excessive out-of-Network charges for emergency services (1) In general In the absence of State regulations, if items or services to screen or treat an emergency medical condition are furnished under this section in a participating hospital with respect to an individual and the individual has not, directly or through a health insurance issuer, group health plan, or other third party, negotiated a payment rate for such items and services, subject to paragraph (2), the charges imposed for such items and services may not be in excess of the following: (A) Physicians’ and other professional services For physicians’ services or services of a health care provider which constitute medical care (as defined under section 213(d) of the Internal Revenue Code of 1986, as in effect before the date of the enactment of this subsection) (and including drugs and biologicals furnished in conjunction with and billed as part of such services), the lesser of— (i) the cash price for such services posted pursuant to section 121(b) of the Patient Freedom Act of 2017 ; or (ii) 85 percent of the usual, customary, and reasonable (UCR) charge for such services, as determined under rules established by the department of insurance for the State in which the services are furnished. (B) Hospital services For inpatient and outpatient hospital services for which payment rates are established under this title (and including drugs and biologicals furnished in conjunction with and billed as part of such services), the lesser of— (i) the cash price for such services posted pursuant to section 121(b) of the Patient Freedom Act of 2017