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Illustration: John Ritter

Beating Back Surprise Bills

What's at stake: Some good news in the fight to end surprise medical bills: New Jersey is the latest state to pass legislation protecting consumers caught in a reimbursement battle between insurance companies and out-of-network doctors.

The law's target is so-called balance billing, in which patients are charged directly for any amount their insurance won't cover. This practice is especially common after visits to emergency rooms, where patients are often treated by doctors who aren't in their insurance networks—even at in-network hospitals.

The Out-of-Network Consumer Protection, Trans­parency, Cost Containment and Accountability Act will protect New Jerseyans from surprise charges, including balance billing. It requires more disclosure from insurers and providers so that it's clear to consumers what their plans cover, ensures patients aren't responsible for excess costs if the services are medically necessary, and establishes an arbitration process to resolve disputes. The law, hailed as one of the nation's strongest, is estimated to save consumers almost $1 billion a year and will go into effect this fall.

How CR has your back: Consumer Reports' advocacy division has worked for years to combat surprise medical bills and balance billing. We were strong supporters of the New Jersey legislation, helping lead a broad coalition of groups pushing the bill and bringing consumers who'd been hit with surprise bills to the Capitol to meet with lawmakers. We've also helped pass legislation to protect consumers from out-of-network billing in California, Connecticut, Florida, New Hampshire, New York, and Oregon.

What you can do: Even if you don't live in a state with such protections, there are ways to fight surprise medical bills. You'll find a state-by-state list of resources at CR.org/states1018 and loads of tactical advice at CR.org/medicalbills.

Keeping Your Data Private

What's at stake: A new California law shows how halting are ongoing efforts to protect consumers from the exploitation of their private data. Two steps forward may be followed by one step back.

On one hand, the state's lawmakers have passed some of the toughest privacy protections in the country. Slated to take effect in 2020, the California Consumer Privacy Act will guarantee consumers the right to know about, and opt out of, data collection; know how their data will be shared with third parties; and have previously collected data be deleted upon request. And though the law applies only to California residents, companies affected by it are likely to decide that it's efficient to follow the practices nationwide. It could also spur other states to pass versions. California's 2002 data breach notification law led to similar legislation in all 50 states.

On the other hand, the new law contains several troubling elements. For one, it opens a possible loophole for companies to charge higher prices to consumers who decline to have their information sold to third parties. Further, it lets businesses avoid paying statutory damages for violations—if they stop within 30 days of being caught.

How CR has your back: Though pleased with several provisions of the new law, CR advocates will be urging legislators to make improvements—and to resist pressure to weaken it—before the law goes into effect.

What you can do: Check out our latest privacy advice, including simple steps to protect your data right now, at CR.org/privacy1018.

Preserving a Financial Forum

What's at stake: When consumers can't resolve a dispute with their bank, credit card company, or financial services firm, they can turn to the Consumer Financial Protection Bureau (CFPB) for help.

Filing a complaint with the agency is a last resort for most consumers, but it has proved to be a remarkably effective way of getting results. Since opening its doors in 2011, the CFPB has handled more than 1.5 million complaints and got timely responses from financial companies 97 percent of the time.

But those complaints could soon be hidden from public view by CFPB acting director Mick Mulvaney, who has denigrated the database and suggested he might pull it from the agency's website.

How CR has your back: Maintaining the database shines a spotlight on real problems and encourages firms to be responsive. It also enables consumers to check whether a bank or other firm has received complaints and how disputes were handled.

That's why CR advocates have urged the CFPB to keep the complaint database public, both in written comments to the Bureau and in meetings with Mulvaney, CFPB officials, and members of Congress.

What you can do: Voice your support for the CFPB and its efforts to ensure financial fairness by signing CU's petition at CR.org/CFPB.

Editor's Note: This article also appeared in the October 2018 issue of Consumer Reports magazine.