US No Surprises Act (42 USC 300gg-111 to 300gg-139) and 45 CFR Part 149 149.110(a)-(b)(2): Cover emergency services without prior authorization and regardless of network status, and do not narrow the emergency definition by diagnosis code

What does 149.110(a)-(b)(2) require?

A plan or issuer that covers any emergency department services must cover emergency services (the medical screening examination and stabilizing treatment a hospital or independent freestanding emergency department must give under the EMTALA standard, plus post-stabilization items and services until the patient can safely travel and the notice and consent conditions are met) without any prior authorization determination, whether or not the provider or facility participates, and without any other term or condition of coverage other than exclusions or coordination of benefits consistent with the emergency definition, affiliation or waiting periods and cost sharing. Coverage may not be limited solely by diagnosis code; the prudent layperson standard decides what an emergency medical condition is, mental health conditions and substance use disorders included.