CO-97

How to Appeal an Out-of-Network Insurance Denial (CO-97)

Claim denied because your provider was out-of-network (CO-97)? The No Surprises Act and state balance billing laws may protect you. Learn how to appeal and reduce your out-of-pocket costs.

What does CO-97 mean?

A CO-97 out-of-network denial means your insurer paid at a reduced rate (or nothing) because the provider who treated you is not in their contracted network. CO-97 is one of the most common and most financially damaging denial types, often leaving patients with bills thousands of dollars higher than they expected.

Why insurers issue CO-97 denials

Insurers build networks by contracting with providers at negotiated rates. When you see a provider outside that network - whether by choice, by necessity in an emergency, or unknowingly at an in-network facility - the insurer pays little or nothing and expects you to cover the gap. However, federal and state laws have dramatically expanded patient protections against surprise out-of-network bills since 2022.

Appeal strategy

First determine if the No Surprises Act applies: it protects patients from surprise out-of-network bills in emergencies and from out-of-network providers at in-network facilities (e.g., an out-of-network anesthesiologist at an in-network hospital). If NSA applies, your cost-sharing is capped at the in-network amount. Check your state's balance billing laws - over 30 states have additional protections. If you were unaware your provider was out-of-network, submit a network adequacy complaint and request an in-network exception.

Frequently asked questions about CO-97