Bill Text: OR SB208 | 2011 | Regular Session | Introduced
Bill Title: Relating to hospitals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB208 Detail]
Download: Oregon-2011-SB208-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2455
Senate Bill 208
Sponsored by Senator BATES (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits hospitals from billing to or attempting to collect
from uninsured patients charges that exceed either Medicare rate
or rate paid by hospital's highest volume commercial insurer.
Allows patient to claim treble damages and attorney fees if
hospital bills or attempts to collect charges in violation of
Act.
A BILL FOR AN ACT
Relating to hospitals.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2011 Act are added to
and made a part of ORS chapter 441. + }
SECTION 2. { + As used in sections 2 to 5 of this 2011 Act:
(1) 'Health benefit plan' has the meaning given that term in
ORS 743.730.
(2) 'Hospital' has the meaning given that term in ORS 442.015,
excluding special inpatient care facilities operated by the
state.
(3) 'Uninsured' means not enrolled in any public or private
health benefit plan. + }
SECTION 3. { + A hospital may not charge to or attempt to
collect from an uninsured patient an amount for a service in
excess of the amount paid to the hospital for the same service by
Medicare or the hospital's highest volume commercial insurer. A
hospital must choose one payor scale for charges to all uninsured
patients. + }
SECTION 4. { + (1) A hospital shall provide patients with a
written notice explaining the hospital's policy for charges to
uninsured patients and providing contact information for a
hospital employee or office from which a person may obtain a copy
of and further information about the policy. The hospital also
shall provide notice to patients who receive emergency or
outpatient care and who may be billed for that care, but who were
not admitted to the hospital. The notice shall be provided in
English and in languages other than English as required by state
and federal law.
(2) A hospital shall post notices of the hospital's policy on
charges to uninsured patients in conspicuous locations that are
visible to the public including, but not limited to:
(a) Emergency departments;
(b) Billing offices;
(c) Admitting offices; and
(d) Patient waiting areas in outpatient care settings. + }
SECTION 5. { + (1) If a hospital, its agent or an assignee of
the hospital's claim initiates any collection action in violation
of section 3 of this 2011 Act, the patient or the patient's
representative or estate may maintain an action in any court of
general equitable jurisdiction of this state to prevent, restrain
or enjoin the violation or threatened violation. If in such
action, a violation or threatened violation of section 3 of this
2011 Act is established, the court shall enjoin and restrain or
otherwise prohibit such violation or threatened violation, and
the plaintiff in the action is entitled to recover treble the
amount of damages that the patient incurred. Damages shall be the
amount by which the hospital charge exceeded the amount allowed
under section 3 of this 2011 Act. The court may award reasonable
attorney fees to the prevailing plaintiff in an action under this
section.
(2) Actions brought under this section shall be commenced
within four years from the date of the first billing. + }
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