; external review of certain payments (1) No surprise billing at in-network facilities (A) In general Subject to subparagraph (B), in the case of an individual with benefits under a health care plan who is furnished items or services at a relevant facility (including items or services furnished by a provider of services or supplier at such facility) that is within the health care provider network or otherwise a participating provider of services or supplier with respect to the health care plan of such individual, the relevant facility (or the provider of services or supplier) may not hold the individual liable for more than the amount that the individual would have been required to pay in cost sharing if such items or services had been furnished by a relevant facility (or, as applicable, by a provider of services or supplier) that is within the health care provider network or otherwise a participating provider of services or supplier with respect to the health care plan of such individual. (B) Exception for notification and written consent Subparagraph (A) shall not apply in the case of a relevant facility (or provider of services or supplier at such facility) that, not later than 72 hours before furnishing items or services to an individual (or, in the case where such items or services are scheduled to be furnished less than 72 hours from the time of scheduling, 24 hours before furnishing such items or services), notifies such individual of an estimate of the individual’s anticipated total out-of-pocket cost of care for such items and services and obtains written consent from such individual. (2) Emergency services In the case of an individual with benefits under a health care plan who is furnished items or services with respect to an emergency medical condition at a hospital or critical access hospital (including items or services furnished by a provider of services or a supplier at the hospital or critical access hospital), the hospital or critical access hospital (or the provider of services or supplier) may