Oklahoma 2023 Regular Session

Oklahoma House Bill HB1890 Compare Versions

Version 1 (Old)

Version 2 (New)

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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 59th Legislature (2023)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR
37	34		HOUSE BILL NO. 1890 By: Schreiber
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47	40		COMMITTEE SUBSTITUTE
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49	42		An Act relating to medical price transparency;
50	43		amending 63 O.S. 2021, Section 1-725.3, which relates
51	44		to health care provider price transparency; creating
52	45		penalties; providing for the allocation of penalties ;
53	46		amending 63 O.S. 2021, Section 1-725.4, which relates
54	47		to health care facility price transparency; creating
55	48		penalties; providing for the allocation of penalties;
56	49		and providing an effective date .
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65	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
66	55		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-725.3, is
67	56		amended to read as follows :
68	57		Section 1-725.3 A. A health care provider shall make available
69	58		to the public, in a single do cument, either electronically or by
70	59		posting conspicuously on the provider 's website if one exists, the
	60	+	health care prices for at least the twenty most common h ealth care
	61	+	services the health care provider provides. If the health care
	62	+	provider, in the norma l course of his or her practice, regularly
	63	+	provides fewer than twenty health care services, the health care
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72		-	HB1890 HFLR Page 2
73		-	BOLD FACE denotes Committee Amen dments. 1
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98		-	health care prices for at least the twenty most common health care
99		-	services the health care provider provides. If the health care
100		-	provider, in the norma l course of his or her practice, regularly
101		-	provides fewer than twenty health care services, the health care
102	90		provider shall make available the health care price s for the health
103	91		care services the provider most commonly provides.
104	92		B. The health care provider shall identify the services by:
105	93		1. A Current Procedural Terminology code or other coding system
106	94		commonly used by the health care provider and accepted as a na tional
107	95		standard for billing; and
108	96		2. A plain English description.
109	97		C. The health care provide r shall update the document as
110	98		frequently as the health care provider deems appropriate, but at
111	99		least annually.
112	100		D. On or after the effective date of this act, a health care
113	101		provider who is not in material compliance with Section 2718(e) of
114	102		the Public Health Service Act, P.L. 78-410, as amended, and rules
115	103		adopted by the United States Department of Health and Human Services
116	104		implementing Section 2718(e), with respect to "items of services" or
117	105		"items or services" as defined in 45 CFR 180.20, on the date that
118	106		items or services are purchased from or provided to a patient by the
119	107		health care provider , shall not initiate or pursue a collection
120	108		action against the patient or patient guarantor f or a debt owed for
121	109		the items or services.
	110	+	E. If a patient can demonstrate that a health care provider was
	111	+	not in material compliance with state laws, on a date on or after
	112	+	the effective date of this act, that items or services were
	113	+	purchased by or provided to the patient, and the health care
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123		-	HB1890 HFLR Page 3
124		-	BOLD FACE denotes Committee Amen dments. 1
	115	+	Req. No. 7897 Page 3 1
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149		-	E. If a patient can demonstrate that a health care provider was
150		-	not in material compliance with state laws, on a date on or after
151		-	the effective date of this act, that items or services were
152		-	purchased by or provided to the patient, and the health care
153	140		provider takes collection action against the patient or patient
154	141		guarantor, the patient or patien t guarantor may file suit to
155	142		determine if the health care provider was materially out of
156	143		compliance with the Transparency in Health Care Prices Act, Section
157	144		1-725.1 et seq. of this title, on the date of service , and the
158	145		noncompliance is related to the items or services . The health care
159	146		provider shall not take collection action against the patient or
160	147		patient guarantor while the lawsuit is pending.
161	148		F. A health care provider who has been found by a judge or
162	149		jury, considering compliance standards issued by the Centers for
163	150		Medicare and Medicaid Services, to be materially out of compliance
164	151		with the Transparency in Health Care Prices Act, Section 1-725.1 et
165	152		seq. of this title:
166	153		1. Shall refund the payer any amount of the debt the payer has
167	154		paid and shall pay a penalty to the patient or patient guarantor in
168	155		an amount equal to the total amount of the debt;
169	156		2. Shall dismiss or cause to be dismissed any court action with
170	157		prejudice and pay any attorney fees and costs incurred by the
171	158		patient or patient guarantor re lating to the action ; and
	159	+	3. Shall remove or cause to be removed from the patient's or
	160	+	patient guarantor's credit report any report made to a consumer
	161	+	reporting agency relating to the debt .
	162	+	G. Nothing in this section shall:
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173		-	HB1890 HFLR Page 4
174		-	BOLD FACE denotes Committee Amen dments. 1
	164	+	Req. No. 7897 Page 4 1
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199		-	3. Shall remove or cause to be removed from the patient's or
200		-	patient guarantor's credit report any report made to a consumer
201		-	reporting agency relating to the debt .
202		-	G. Nothing in this section shall:
203	189		1. Prohibit a health care provider from billing a patient ,
204	190		patient guarantor, or third-party payer, including a health insurer,
205	191		for items or services provided to the patient; and
206	192		2. Require a health care provider to refund any payment made to
207	193		the health care provider for items or services provided to the
208	194		patient, so long as no collection action is taken in violation of
209	195		this section.
210	196		SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-725.4, is
211	197		amended to read as follows :
212	198		Section 1-725.4 A. A health care facility shall make available
213	199		to the public, in a single document, either electronically or by
214	200		posting conspicuously on its web site if one exists, the health care
215	201		prices for at least:
216	202		1. The twenty most used dia gnosis-related group codes or other
217	203		codes for inpatient health care services per specialty s ervice line
218	204		used by the health care facility for billing; and
219	205		2. The twenty most used outpatient CPT codes or health care
220	206		services procedure codes per specialty se rvice line used for
221	207		billing.
	208	+	B. A health care facility shall include with the health care
	209	+	prices provided pursuant to subsection A of this section a plain
	210	+	English description of the services for which the health care prices
	211	+	are provided.
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223		-	HB1890 HFLR Page 5
224		-	BOLD FACE denotes Committee Amen dments. 1
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249		-	B. A health care facility shall include with the health care
250		-	prices provided pursuant to subsection A of this sectio n a plain
251		-	English description of the services for which the health care prices
252		-	are provided.
253	238		C. The health care facility shall update the document as
254	239		frequently as it deems appropriate, but at least an nually.
255	240		D. On or after the effective date of t his act, a health care
256	241		facility that is not in material compliance with the Transparency in
257	242		Health Care Prices Act , Section 1-725.1 et seq. of this title, on
258	243		the date that items or s ervices are purchased by or provided to a
259	244		patient by the health care facility, shall not initiate or pursue a
260	245		collection action against the patient or patient guarantor for a
261	246		debt owed for the items or servi ces.
262	247		E. If a patient can demonstrate that a health care facility was
263	248		not in material compliance with federal laws, on or after the
264	249		effective date of this act, that items or services were purchased by
265	250		or provided to the patient , and the health care facility takes
266	251		collection action against the patient or patient guarantor , the
267	252		patient or patient guarantor may file suit to determine if the
268	253		health care facility was materially out of compliance with Section
269	254		2718(e) of the Public Health Service Act, P.L. 78-410, as amended,
270	255		and rules adopted by the United States Department of Health and
271	256		Human Services implementing Section 2718(e), with respect to "items
272	257		of services" or "items or services" as defined in 45 CFR 180.20, on
	258	+	the date of service, and the noncompliance is related to the items
	259	+	or services. The health care facility shall not take collection
	260	+	action against the patie nt or patient guarantor while the lawsuit i s
	261	+	pending.
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274		-	HB1890 HFLR Page 6
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	263	+	Req. No. 7897 Page 6 1
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300		-	the date of service, and the noncompliance is related to the items
301		-	or services. The health care facility shall not take collection
302		-	action against the patie nt or patient guarantor while the lawsuit i s
303		-	pending.
304	288		F. A health care facility that has been found by a judge or
305	289		jury, considering compliance standards issued by the Centers for
306	290		Medicare and Medicaid Services, to be materially out of compliance
307	291		with the Transparency in Health Care Prices Act, Section 1-725.1 et
308	292		seq. of this title:
309	293		1. Shall refund the payer any amount of the debt the payer has
310	294		paid and shall pay a penalty to the patient or patient guarantor in
311	295		an amount equal to the total amount of the debt;
312	296		2. Shall dismiss or cause to be dismissed any court actio n with
313	297		prejudice and pay any attorney fees and costs incurred by the
314	298		patient or patient guarantor re lating to the action; and
315	299		3. Shall remove or cause to be removed from the patient's or
316	300		patient guarantor's credit report any report made to a consumer
317	301		reporting agency relating to the debt.
318	302		G. Nothing in this section shall:
319	303		1. Prohibit a health care facility from billing a patient,
320	304		patient guarantor, or third-party payer, including a health insurer,
321	305		for items or services provided to the patient ; and
322	306		2. Require a health care facility to refund any payment made to
323	307		the health care facility for i tems or services provided to t he
	308	+	patient, so long as no collection action is taken in violation of
	309	+	this section.
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325		-	HB1890 HFLR Page 7
326		-	BOLD FACE denotes Committee Amen dments. 1
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351		-	patient, so long as no collection action is taken in violation of
352		-	this section.
353	336		SECTION 3. This act shall become effective November 1, 2023.
354	337
355		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 03/02/2023 -
356		-	DO PASS, As Amended.
	338	+	59-1-7897 TJ 03/02/23
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