What I'm failing to understand in your argument is how this relates to the scheduled end time for the surgery which presumably can be different from the actual end time. If X hours are planned and it takes X+2 hours, who pays for the 2 hours? If the insurance doesn't pay for it, what does the out of pocket maximum have to do with it? Are the anaesthesiologists just legally compelled to finish the procedure without billing for the extra time? If so, what incentive does this create vs. simply negotiating down the rate?