Bill Text: NY A03470 | 2021-2022 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 58-2)

Status: (Introduced) 2022-05-18 - substituted by s2521c [A03470 Detail]

Download: New_York-2021-A03470-Amended.html



                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.
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