Key points
- Reimbursement is calculated on the plan's allowed amount, which HealthCare.gov defines as the maximum a plan will pay for a covered service, and each plan sets its own.
- New York insurers must explain how they calculate out-of-network payment and give examples for common services, expressed against the usual and customary cost.
- Usual and customary cost in New York is the FAIR Health 80th percentile of charges, a disclosure benchmark that FAIR Health says is not a reimbursement amount.
- New York and federal surprise-bill protections do not apply when an insured patient knowingly chooses an out-of-network private-practice psychiatrist.
- A patient who is not using insurance can ask for a written Good Faith Estimate and can dispute a bill that exceeds it by $400 or more.
Adults seeking ADHD care in New York often end up weighing a psychiatrist who is outside their plan's network. Plans with out-of-network benefits will pay something toward those visits. How much is the part people misjudge, usually because they expect the plan to reimburse a percentage of what they paid. It reimburses a percentage of a different number.
The three numbers that decide what you get back
The fee. What the psychiatrist charges. You pay it in full, usually at the time of the visit.
The allowed amount. HealthCare.gov defines this as the maximum amount a plan will pay for a covered health care service. For out-of-network care, the plan chooses the method. Some plans base it on a percentile of local charges. Others use a percentage of the Medicare rate, which is generally far lower than private fees in New York.
Your cost sharing. The out-of-network deductible you must meet first, then the coinsurance percentage you owe on the allowed amount.
The difference between the fee and the allowed amount is called the balance. HealthCare.gov describes balance billing as a provider billing you for the difference between the provider's charge and the allowed amount, and notes that only preferred (in-network) providers are barred from doing so. With a clinician you chose outside the network, the balance stays with you, and it does not usually count toward your deductible.
A worked example with made-up numbers
These figures are invented to show the arithmetic. They are not anyone's fee and not any plan's rate.
| Step | Amount |
|---|---|
| Fee you pay for the visit | $400 |
| Plan's allowed amount for that code | $200 |
| Plan pays 70% of the allowed amount (deductible already met) | $140 back to you |
| Your 30% coinsurance on the allowed amount | $60 |
| Balance above the allowed amount | $200 |
| Your net cost | $260 of the $400 |
If the out-of-network deductible has not been met, the plan pays nothing for that visit and credits the $200 allowed amount toward the deductible. A plan described as paying 70 percent out of network can therefore return well under half of what you spent.
What New York requires insurers to tell you
Since 2015, New York-regulated insurers have had to explain how they cover out-of-network care and how they calculate payment. They must give examples of their reimbursement calculations for common out-of-network services, and those examples have to be shown against the usual and customary cost. In New York that benchmark is the 80th percentile of charges for the service in the same specialty and area, as reported by FAIR Health, an independent nonprofit.
That benchmark is for comparison only. FAIR Health states that it does not set usual and customary rates or out-of-network reimbursement amounts, and that insurers make those determinations themselves. A plan can disclose that its payment equals a small fraction of the benchmark and still be following the law.
Two other New York rules are useful:
- Consumers may ask for a plan option that pays out-of-network services at 80 percent of the 80th percentile benchmark. Insurers must offer one on request unless exempted, and such plans may cost more.
- A clinician who is not in your network must tell you so before treating you and must give you a cost estimate if you ask.
These rules do not reach self-funded employer plans, which are governed by federal law. How to tell which kind you have is covered in does insurance cover adult ADHD care in New York.
Superbills and the claim
A superbill is the itemized receipt you send to your plan. No New York statute defines it, but in standard claims practice it carries the clinician's name and identifying numbers, the date and place of service, the procedure (CPT) codes, the diagnosis codes and the amount paid.
The codes matter because the allowed amount is set per code. Codes commonly used in adult ADHD care include:
- 90792: psychiatric diagnostic evaluation with medical services;
- 99213, 99214, 99215: follow-up medical visits of increasing length and complexity;
- 90833 or 90836: psychotherapy added to a medical visit;
- 96130 to 96137: psychological and neuropsychological testing.
Ask the practice which codes it expects to bill for a first visit and for follow-ups. Then check your plan's claim filing deadline and whether it wants claims through a portal or by mail.
Questions to ask your insurer before the first visit
- Do I have out-of-network benefits for outpatient mental health care? Is my plan fully insured in New York or self-funded?
- What is my out-of-network deductible, how much have I met, and does it reset on January 1 or on a plan-year date?
- What is the allowed amount for CPT 90792 and for 99214 in my ZIP code, and how is it calculated?
- What coinsurance applies, and is there an out-of-network out-of-pocket maximum?
- Are telehealth visits with an out-of-network clinician reimbursed on the same terms?
- Is prior authorization needed for any of these services?
- Can you send me your written example of out-of-network reimbursement for a psychiatric visit?
Record the date and reference number of the call. You can look up the local charge benchmark for any code and ZIP on FAIR Health's consumer site and set it beside the allowed amount your plan quotes.
What does not protect you here
New York's surprise bill law and the federal No Surprises Act cover narrow situations: emergency care, an out-of-network provider at an in-network hospital or surgical center, and referrals by an in-network doctor made without your written consent. Choosing an out-of-network psychiatrist's office yourself is none of those.
There is one separate route to in-network cost for out-of-network care. If your New York-regulated plan cannot offer a timely in-network appointment, an access complaint can lead to an approved out-of-network referral. It has specific steps and limits, explained in the 10-business-day rule.
The Good Faith Estimate, if you skip insurance
People who are uninsured, or who decide not to submit claims, are treated as self-pay under federal rules and can ask the clinician for a written, itemized Good Faith Estimate. It is due within 1 business day when the visit is scheduled 3 to 9 business days out, and within 3 business days when it is scheduled further ahead or requested without scheduling. A bill at least $400 above the estimate can be taken to federal dispute resolution within 120 calendar days.
For a side-by-side view of the two paths, see in-network or private-pay psychiatrist. This practice's own billing arrangements are on the fees and insurance page.
Questions
Will my plan reimburse 70 or 80 percent of what I paid the psychiatrist?
Usually not. The percentage applies to the plan's allowed amount for the billing code, not to the fee you paid, and only after the out-of-network deductible is met. Ask the plan for the allowed amount in dollars before the first visit.
Do plans have to pay FAIR Health rates for out-of-network care?
No. New York requires insurers to show their out-of-network payment against the FAIR Health 80th percentile benchmark so consumers can compare. FAIR Health itself says insurers, not FAIR Health, decide reimbursement amounts.
Does the No Surprises Act stop an out-of-network psychiatrist from charging the full fee?
No. The surprise-bill laws cover emergencies, out-of-network providers at in-network facilities and certain referrals without consent. A patient who chooses an out-of-network office practice owes the agreed fee.
What is a superbill?
It is an itemized receipt with the clinician's details, date of service, procedure and diagnosis codes and the amount paid. You submit it to your plan with a claim form to request out-of-network reimbursement.
Does the amount above the allowed amount count toward my deductible?
Generally plans credit only the allowed amount, so the balance above it does not count. Confirm this with your plan, because it changes how quickly you reach the deductible.
Sources
- FAIR Health Consumer: New York consumer protections (2026)
- HealthCare.gov glossary: Allowed amount
- HealthCare.gov glossary: Balance billing
- NYS Department of Financial Services: Surprise medical bills
- CMS: Good Faith Estimate guide (last modified October 5, 2026)
- CMS: Physician Fee Schedule relative value files with CPT descriptors, RVU26D (August 26, 2026)
- NYS Department of Financial Services: Behavioral health insurance rights
