STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1581	By:	Wilson

AS INTRODUCED

An Act relating to public health and safety; stating legislative intent; limiting certain charges by emergency departments; providing for certain exception; authorizing certain fine; providing for noncodification; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
It is the intent of the Legislature that:
1.  Charges for procedures provided in emergency departments should not significantly exceed the charges for the same procedure provided in a non-emergent setting;
2.  The cost of maintaining an emergency department should be shared by those who desire to have an emergency department available; and
3.  The cost for maintaining an emergency department should not be the sole responsibility of the users since the emergency department provides value to the entire community.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1-700 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.  An emergency department shall not charge more than the average charged by non-emergent health care providers in the community as determined by the State Department of Health for primary care services rendered in the emergency department.
B.  An emergency department may be exempt from the requirements provided in subsection A of this section if the emergency department offers an annual household membership fee of not more than One Hundred Dollars ($100.00).  The membership fee shall be considered payment in full for emergent services for a member.  The membership fee shall not prohibit the emergency department from collecting payments from third parties for services rendered.
C.  The State Department of Health may fine health care facilities that violate the provisions of this section an amount equal to two times the excess charged above the average charged by non-emergent health care providers in the community for each violation.
SECTION 3.  This act shall become effective November 1, 2012.

53-2-2396	JM	1/19/2012 11:14:17 AM