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S02521 Summary:

BILL NOS02521C
 
SAME ASSAME AS A03470-C
 
SPONSORRIVERA
 
COSPNSRBAILEY, 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
 
MLTSPNSR
 
Amd §2801, add §2830, Pub Health L
 
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.
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S02521 Actions:

BILL NOS02521C
 
01/21/2021REFERRED TO HEALTH
01/29/2021AMEND AND RECOMMIT TO HEALTH
01/29/2021PRINT NUMBER 2521A
06/02/2021AMEND (T) AND RECOMMIT TO HEALTH
06/02/2021PRINT NUMBER 2521B
06/07/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/07/2021ORDERED TO THIRD READING CAL.1526
06/09/2021PASSED SENATE
06/09/2021DELIVERED TO ASSEMBLY
06/09/2021referred to ways and means
01/05/2022died in assembly
01/05/2022returned to senate
01/05/2022REFERRED TO HEALTH
02/24/2022AMEND AND RECOMMIT TO HEALTH
02/24/2022PRINT NUMBER 2521C
04/26/20221ST REPORT CAL.888
04/27/20222ND REPORT CAL.
05/02/2022ADVANCED TO THIRD READING
05/17/2022PASSED SENATE
05/17/2022DELIVERED TO ASSEMBLY
05/17/2022referred to ways and means
05/18/2022substituted for a3470c
05/18/2022ordered to third reading rules cal.179
05/18/2022passed assembly
05/18/2022returned to senate
12/12/2022DELIVERED TO GOVERNOR
12/23/2022SIGNED CHAP.764
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S02521 Text:



 
                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.
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