Relates to regulation of the billing of facility fees; requires notice prior to billing facility fees not covered by a patient's insurance; defines facility fees as those charged by a hospital, facility or provider designed to compensate for operational costs separate from professional fees.
STATE OF NEW YORK
________________________________________________________________________
2521--C
2021-2022 Regular Sessions
IN SENATE
January 21, 2021
___________
Introduced by Sens. RIVERA, BAILEY, BIAGGI, BRESLIN, BRISPORT, BROUK,
CLEARE, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY,
HOYLMAN, JACKSON, KAPLAN, KAVANAGH, KRUEGER, LIU, MAY, MYRIE, PARKER,
PERSAUD, RAMOS, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, THOMAS
-- read twice and ordered printed, and when printed to be committed to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Health in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to regulation of the
billing of facility fees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2801 of the public health law is amended by adding
2 three new subdivisions 12, 13 and 14 to read as follows:
3 12. "Facility fee" means any fee charged or billed by a hospital or by
4 a health care professional authorized under title eight of the education
5 law that is: (a) intended to compensate the hospital or health care
6 professional for the operational expenses regardless of the modality
7 through which the health care services are provided; and (b) separate
8 and distinct from a professional fee. "Facility fee" shall not include
9 any fee charged or billed by a residential health care facility.
10 13. "Health system" means a group of one or more hospitals and provid-
11 ers affiliated through ownership, governance, membership or other means.
12 14. "Provider" means an individual or entity, whether for profit or
13 nonprofit, whose primary purpose is to provide professional health care
14 services.
15 § 2. The public health law is amended by adding a new section 2830 to
16 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00481-07-2
S. 2521--C 2
1 § 2830. Regulation of the billing of facility fees. 1. For the
2 purposes of this section, "fee" means any amount charged or billed by a
3 provider for professional health care services provided in a hospital-
4 based facility.
5 2. No hospital or health system or health care provider shall bill or
6 seek payment from a patient for a facility fee that is not covered by
7 the patient's health insurance carrier unless the patient was notified
8 prior to the date of service that a facility fee would be applicable. If
9 a health care provider enters into a business relationship with a hospi-
10 tal or health system that will result in the provider's patients being
11 subject to facility fees, the health care provider must notify its
12 patients of the change and that facility fees will now be applicable to
13 services received from the health care provider. The notice shall be
14 provided in writing at least seven days in advance of each date of
15 service and shall explain the amount of the fee, the purpose of the fee,
16 whether the patient's insurance plan will pay the fee, and for uninsured
17 patients, how to apply for financial assistance. If advance written
18 notice is infeasible because the visit was secured less than seven days
19 in advance, then a written notice shall be provided on the date the
20 service is rendered. The notice shall be provided in plain language in
21 conspicuous twelve-point bold face type and shall be available in the
22 top six languages spoken in the hospital's service area. In no event
23 shall a facility fee be charged for services related to the provision of
24 preventive care service as defined by the United States Preventive
25 Services Task Force.
26 § 3. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.