Freestanding ER vs urgent care in Texas
Texas has more freestanding emergency rooms than almost anywhere, and many sit in the same strip centers as urgent care clinics. They look alike from the parking lot, but they are licensed, staffed and billed very differently. Here’s how to tell them apart and what the law requires.
| Urgent care | Freestanding ER | Hospital ER | |
|---|---|---|---|
| Hours | Set hours, often evenings and weekends | 24/7 (required for a Texas license) | 24/7 |
| Doctor on site | Varies; often physicians, PAs or nurse practitioners | A physician at all times | A physician at all times |
| Imaging and lab | Many have X-ray and basic lab | X-ray, CT, ultrasound and emergency lab on site | Full hospital services |
| Billed as | An office or clinic visit | An ER visit, often with a facility fee | An ER visit, often with a facility fee |
| Average price (Texas, 2015) | $168 | $2,199 | $2,259 |
| Medicare | Varies by clinic | Not if independent; yes if hospital-run | Yes |
Prices are average allowed amounts in Blue Cross Blue Shield of Texas claims from 2015 (Ho et al., 2017). Your cost depends on your plan and the care you receive.
What a freestanding ER is
A freestanding emergency medical care facility is an emergency room that isn’t physically part of a hospital. Texas began licensing them in 2009. To hold a license, a facility must be open 24 hours a day, 7 days a week, keep at least one physician on site whenever it’s open, have a nurse trained in adult and pediatric advanced life support on duty, and have X-ray, CT, ultrasound and an emergency lab available on the premises.
It must also give a medical screening and stabilizing treatment to anyone who comes in, regardless of ability to pay, and keep a transfer agreement with a hospital. As of September 2026, the state listed 212 licensed freestanding ERs. Freestanding ERs owned by a hospital don’t need this license; they operate under the hospital’s license instead, and Texas law still bars them from advertising as anything other than an emergency room.
How to tell them apart
The name. Only licensed or hospital-run emergency facilities may call themselves an emergency room in Texas. If the sign says “ER” or “emergency,” expect ER prices, even if the building looks like a clinic.
The required sign. Since 2019, licensed freestanding ERs must post a notice at the main entrance, in every treatment room, at payment areas and on their website. It has to say the facility is a freestanding emergency facility, that it charges rates comparable to a hospital ER and may charge a facility fee, that the facility or its doctors may be out of network and doctors may bill separately, and which health plans it’s in network with (or that it’s out of network with all of them).
The paperwork. Each patient must get a written disclosure, in English and Spanish, listing the facility’s fees and the plans it’s in network with. A facility can’t say it “takes” or “accepts” your insurance unless it’s actually in network.
The hours. Licensed freestanding ERs are open around the clock. Some hospital-run sites with names like “urgent care emergency center” keep shorter hours but still bill as an ER, so the name matters more than the hours.
What a visit may cost
ER visits usually include a facility fee on top of the doctor’s charge. In large-employer plans in 2021, the average ER facility fee was $713, ranging from about $257 for the least complex visits to $930 for the most complex (Peterson-KFF). In Texas claims from 2015, freestanding and hospital ER visits cost about the same, and nearly ten times urgent care for the same diagnosis; three-quarters of the most common diagnoses were the same at freestanding ERs and urgent care clinics (Ho et al., 2017).
Texas also bans unconscionable pricing at freestanding ERs; prices under twice the county’s average hospital ER price fall within a safe harbor. Complaints go to the Texas Attorney General.
Your surprise-billing protections
Many freestanding ERs are out of network. In 2019 they billed insurers about $833 million out of network, compared with $74 million in network (Texas Department of Insurance). Two laws limit what you owe for emergency care at an out-of-network ER, including a freestanding one:
- Texas SB 1264 (care on or after January 1, 2020) covers state-regulated plans and the ERS and TRS plans for state employees and teachers.
- The federal No Surprises Act (since January 1, 2022) covers most other private plans and explicitly includes independent freestanding emergency departments.
Under both, you generally owe only your in-network copay, coinsurance and deductible for emergency care. These protections don’t cover people paying on their own without insurance, and some plan types (such as short-term plans and health-care sharing ministries) aren’t included. After you’re stable, read any form asking you to give up these protections before you sign it.
Questions about a bill: the Texas Department of Insurance at 800-252-3439, or the federal No Surprises Help Desk at 1-800-985-3059.
Medicare and freestanding ERs
Independent freestanding ERs aren’t eligible for Medicare payment. Freestanding ERs run by a hospital bill Medicare as part of that hospital. Many ER.com listings note when a hospital system runs a freestanding ER.
If you think it may be an emergency
Cost and network rules should never keep you from emergency care. If you think something may be an emergency, go to the nearest ER or call 911. Billing questions can be sorted out later, and the protections above apply.
Freestanding ERs, answered.
Is a freestanding ER a real emergency room?
Can a Texas freestanding ER turn me away if I can’t pay?
Is a freestanding ER cheaper than a hospital ER?
Will my insurance cover a freestanding ER?
Does Medicare cover freestanding ERs?
Find care nearby
Each city page labels every listing as urgent care, freestanding ER or hospital ER: San Antonio, Boerne and Fair Oaks Ranch.
Sources
- Texas Health & Safety Code ch. 254 (freestanding emergency medical care facilities)
- 26 Texas Administrative Code §509.47, §509.49, §509.51 (staffing, lab, imaging)
- HB 2041, 86th Legislature (2019), enrolled text
- HB 1941, 86th Legislature (2019), enrolled text
- Texas HHSC freestanding ER license directory (Sept 2026)
- Texas Department of Insurance, SB 1264 biennial report (2022)
- CMS: your rights if you get a surprise bill after an emergency visit
- 45 CFR 149.30 (federal definition of independent freestanding emergency department)
- Ho V. et al., Annals of Emergency Medicine 2017;70(6):846 (Texas freestanding ER prices)
- Peterson-KFF Health System Tracker, ER facility fees (2023)
- MedPAC, June 2017 report, ch. 8 (stand-alone emergency departments)
Last updated October 25, 2026. General information about Texas law and costs, not legal or medical advice. How our listings work.
This is not for emergencies.
For life-threatening symptoms, severe chest pain, trouble breathing, or immediate danger, call 911 or go to the nearest emergency department.