; and (ii) in the case that the individual is so furnished such items or services, be charged an amount approximate to the estimated charge described in subparagraph (A)(i) with respect to such items or services. (c) Limitations on balance billing in surprise billing situations (1) In case of noncompliance with notice and consent requirements In the case of an individual enrolled in a group health plan, or health insurance coverage offered in the group market, who is furnished items or services by an out-of-network health care provider with respect to such plan or coverage, if the out-of-network health care provider does not comply with the requirements of subsection (b) with respect to the furnishing of such items or services to such individual, the out-of-network health care provider may not charge the individual 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 an in-network health care provider with respect to such plan or coverage. (2) In case of same-day emergency services In the case of an individual enrolled in a group health plan or health insurance coverage offered in the group market who is furnished items or services by a health care provider that is an out-of-network health care provider with respect to such plan or coverage on the same date on which the individual makes an appointment for such items or services (or otherwise presents at the hospital, critical access hospital, or ambulatory surgical center for such services such as in the case of items and services furnished with respect to an emergency medical condition, as defined in section 1867(e)), the out-of-network health care provider may not charge the individual 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 an in-network health care provider with respect to such plan or coverage. . (2) Effective Date The amendment made by paragraph (1) shall take effect beginning 2