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
________________________________________________________________________
3470--C
2021-2022 Regular Sessions
IN ASSEMBLY
January 26, 2021
___________
Introduced by M. of A. GOTTFRIED, EPSTEIN, JACOBSON, THIELE, SIMON,
SEAWRIGHT, DINOWITZ, BENEDETTO, SAYEGH, REYES, GLICK, ABINANTI, CRUZ,
PAULIN, SOLAGES, L. ROSENTHAL, GUNTHER, AUBRY, GALEF, STECK, NIOU,
WEPRIN, TAYLOR, JEAN-PIERRE, FORREST, MITAYNES, HEVESI, LUNSFORD,
BRAUNSTEIN, MAMDANI, ZINERMAN, KELLES, McDONALD, CAHILL, GONZALEZ-RO-
JAS, BRONSON, ANDERSON, GRIFFIN, BURDICK, DURSO, CLARK, VANEL, ENGLE-
BRIGHT, OTIS, BICHOTTE HERMELYN, BURGOS, J. RIVERA, GIBBS, KIM, FAHY,
FERNANDEZ, RAMOS, CARROLL -- read once and referred to the Committee
on Health -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Codes -- reported and referred to the Committee on
Ways and Means -- 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
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00481-08-2
A. 3470--C 2
1 14. "Provider" means an individual or entity, whether for profit or
2 nonprofit, whose primary purpose is to provide professional health care
3 services.
4 § 2. The public health law is amended by adding a new section 2830 to
5 read as follows:
6 § 2830. Regulation of the billing of facility fees. 1. For the
7 purposes of this section, "fee" means any amount charged or billed by a
8 provider for professional health care services provided in a hospital-
9 based facility.
10 2. No hospital or health system or health care provider shall bill or
11 seek payment from a patient for a facility fee that is not covered by
12 the patient's health insurance carrier unless the patient was notified
13 prior to the date of service that a facility fee would be applicable. If
14 a health care provider enters into a business relationship with a hospi-
15 tal or health system that will result in the provider's patients being
16 subject to facility fees, the health care provider must notify its
17 patients of the change and that facility fees will now be applicable to
18 services received from the health care provider. The notice shall be
19 provided in writing at least seven days in advance of each date of
20 service and shall explain the amount of the fee, the purpose of the fee,
21 whether the patient's insurance plan will pay the fee, and for uninsured
22 patients, how to apply for financial assistance. If advance written
23 notice is infeasible because the visit was secured less than seven days
24 in advance, then a written notice shall be provided on the date the
25 service is rendered. The notice shall be provided in plain language in
26 conspicuous twelve-point bold face type and shall be available in the
27 top six languages spoken in the hospital's service area. In no event
28 shall a facility fee be charged for services related to the provision of
29 preventive care service as defined by the United States Preventive
30 Services Task Force.
31 § 3. This act shall take effect on the one hundred eightieth day after
32 it shall have become a law.