; 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 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 to which section 223(e)(9) of the Internal Revenue Code of 1986 applies (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 such section; 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 223(e)(9) of the Internal Revenue Code of 1986; or (ii) 110 percent of the payment rate applicable to such services in the case of an individual entitled to benefits under part A and enrolled under part B. (C) Drugs and biologicals For drugs and other pharmaceuticals furnished to which a previous subparagraph does not apply, the lesser of— (i) twice the acquisition cost to the hospital or other provider for the dose involved