; or (B) the requirements under section 1866(a)(1)(U) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1)(U) ). (e) Effective date The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2022. 3. Preventing certain cases of balance billing (a) In general Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq.) is amended by adding at the end the following new part: D Health Care Provider Requirements 2799A–1. Balance billing in cases of emergency services (a) In general In the case of a participant, beneficiary, or enrollee with benefits under a group health plan or health insurance coverage offered by a health insurance issuer in the group or individual market who is furnished during a plan year beginning on or after January 1, 2022, emergency services for which any benefit is provided under such plan or coverage with respect to an emergency medical condition with respect to a visit at an emergency department of a hospital or an independent freestanding emergency department— (1) in the case that the hospital or independent freestanding emergency department is a nonparticipating emergency facility, the emergency department of a hospital or independent freestanding emergency department shall not hold the participant, beneficiary, or enrollee liable for a payment amount for such emergency services so furnished that is more than the cost-sharing amount for such services (as determined in accordance with clauses (ii) and (iii) of section 2719A(b)(1)(C), section 716(b)(1)(C) of the Employee Retirement Income Security Act of 1974, and section 9816(b)(1)(C) of the Internal Revenue Code of 1986, as applicable)