If a covered person with benefits covering emergency services under a health benefit plan is furnished emergency services, then:
I. In the case that the hospital emergency department or independent freestanding emergency department is a nonparticipating emergency facility, the hospital emergency department or independent freestanding emergency department shall not bill, and shall not hold liable, the covered person for a payment amount for such emergency services that is more than the cost-sharing requirement for such services under the covered person's health benefit plan; and
II. In the case that such emergency services are furnished by a nonparticipating provider, the health care provider shall not bill, and shall not hold liable, such covered person for a payment amount for such emergency services that is more than the cost-sharing requirement for such services under the covered person's health benefit plan.