; in-network health care provider; out-of-network health care provider The terms health care provider , in-network health care provider , and out-of-network health care provider have the meanings given such terms in section 2729(a). (2) Independent dispute resolution entity The term independent dispute resolution entity means an entity certified by the Secretary, in consultation with the Secretary of Labor, under subsection (b)(2) to conduct an independent dispute resolution process under subsection (d). (3) Surprise billing situation The term surprise billing situation means— (A) a situation in which an individual who is enrolled in a group health plan, or health insurance coverage offered in the group market, is furnished items or services by an out-of-network health care provider and such provider does not comply with the requirements of section 2729(b) with respect to the furnishing of such items or services to such individual