; or (II) for any purpose not described in subclause (I), unless each of the criteria described in subparagraph (D) have been met with respect to such individual and such item or service. (C) Circumstances For purposes of subparagraph (B)(ii)(I), a circumstance described in this subparagraph is any of the following, with respect to an individual who is a beneficiary, participant, or enrollee of a health plan who is furnished services described in subparagraph (A) by a hospital or independent freestanding emergency department with respect to an emergency medical condition: (i) A participating provider, with respect to such plan, with privileges at the hospital or independent freestanding emergency department assumes responsibility for the care of the individual. (ii) A participating provider, with respect to such plan, assumes responsibility for the care of the individual through transfer of the individual. (iii) The health plan and the provider treating such individual at the hospital or independent freestanding emergency department for such condition reach an agreement concerning the care for the individual. (iv) The individual is discharged. (D) Signed notice criteria For purposes of subparagraph (B)(ii)(II), the criteria described in this subparagraph, with respect to an individual and an item or service furnished by a nonparticipating provider or nonparticipating facility that is a hospital or an independent freestanding emergency department, are the following: (i) A written notice (as specified by the Secretary and in a clear and understandable manner) is provided by such provider or facility to such individual, before such item or service is furnished, that includes the following information: (I) That such provider or facility is a nonparticipating provider or nonparticipating facility (as applicable). (II) To the extent practicable, the estimated amount that such nonparticipating facility or nonparticipating provider may charge the individual for such item or service. (III) A statement that the individual