Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB889 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
30-
3128 STATE OF OKLAHOMA
3229
3330 1st Session of the 60th Legislature (2025)
3431
3532 COMMITTEE SUBSTITUTE
3633 FOR ENGROSSED
3734 SENATE BILL NO. 889 By: Murdock, Bullard,
3835 Bergstrom, Frix, Jett,
3936 Grellner, Sacchieri,
4037 McIntosh, and Deevers of
4138 the Senate
4239
4340 and
4441
45- Lepak, Cantrell, Wolfley,
46-Sneed, Ford, Humphrey,
47-Williams, Woolley, Olsen,
48-Banning, Hildebrant, and
49-Luttrell of the House
42+ Lepak of the House
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5348 COMMITTEE SUBSTITUTE
5449
5550 An Act relating to hospitals; defining terms;
5651 requiring hospitals to make public certain file and
5752 list; stating requirements for list of standard
5853 charges; requiring certain digital publication of
5954 specified information; requiring certai n online
6055 display of list; stipulating requirements related to
6156 accessibility and formatting of list; requiring
6257 annual update of list; stating requirements for list
6358 of standard charges and selection of shoppable
6459 services; requiring list to include certain
6560 information; directing certain display and
6661 availability of list; authorizing certain compliance
6762 monitoring by the State Department of Health;
6863 authorizing certain actions for noncompliance;
6964 defining material violation; authorizing issuance of
7065 certain notice upon certain determination; specifying
7166 certain requirements for corrective action plans;
7267 prohibiting certain collection actions by
7368 noncompliant hospitals; authorizing certain civil
7469 actions; imposing certain requirements on hospitals
7570 found noncompliant; prov iding certain construction;
71+amending 63 O.S. 2021, Section 1 -725.2, which relates
72+to definitions in the Transparency in Health Care
73+Prices Act; excluding hospitals; providing for
74+codification; and providing an effective date.
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103-amending 63 O.S. 2021, Section 1 -725.2, which relates
104-to definitions in the Transpare ncy in Health Care
105-Prices Act; excluding hospitals; providing for
106-codification; and providing an effective date.
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111101 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
112102 SECTION 1. NEW LAW A new section of law to be codified
113103 in the Oklahoma Statutes as Section 1 -725.11 of Title 63, unless
114104 there is created a duplication in numbering, reads as follows:
115105 As used in this act:
116106 1. “Ancillary service” means a hospital item or service that a
117107 hospital customarily provides as part of a shoppable service;
118108 2. “Chargemaster” means the list of all hospital items or
119109 services maintained by a hospital for which the hospital has
120110 established a charge;
121111 3. “De-identified maximum negotiated charge” means the highest
122112 charge that a hospital has negotiated with all third -party payors
123113 for a hospital item or service;
124114 4. “De-identified minimum negotiated charge” means the lowest
125115 charge that a hospital has negotiated with all third -party payors
126116 for a hospital item or service;
127117 5. “Department” means the State Department of Health;
128118 6. “Discounted cash price” means the charge that applies to an
129119 individual who pays cash, or a cash equivalent, for a hospital item
130120 or service;
121+7. “Gross charge” means the charge for a hospital item or
122+service that is reflected on a hospital’s chargemaster, absent any
123+discounts;
124+8. “Hospital” means a hospital:
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158-7. “Gross charge” means the charge for a hospital item or
159-service that is reflected on a h ospital’s chargemaster, absent any
160-discounts;
161-8. “Hospital” means a hospital:
162151 a. licensed under Section 1 -702 of Title 63 of the
163152 Oklahoma Statutes, or
164153 b. owned or operated by a state agency;
165154 9. “Hospital items or services” means all items and services,
166155 including individual items and services and service packages, that
167156 may be provided by a hospital to a patient in connection with an
168157 inpatient admission or an outpatient department visit, as
169158 applicable, for which the hospital has established a standard
170159 charge, including:
171160 a. supplies and procedures,
172161 b. room and board,
173162 c. use of the facility and other areas, generally
174163 referred to as facility fees,
175164 d. services of physicians and non -physician
176165 practitioners, generally referred to as professional
177166 charges, and
178167 e. any other item or service for which a hospital has
179168 established a standard charge;
180169 10. “Machine-readable format” means a digital representation of
181170 information in a file that can be imported or read into a computer
171+system for further processing. The term includes Extensible Markup
172+Language (.XML), JavaScript Object Notation (.JSON), and Comma -
173+Separated Values (.CSV) formats;
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209-system for further processing. The term inc ludes Extensible Markup
210-Language (.XML), JavaScript Object Notation (.JSON), and Comma -
211-Separated Values (.CSV) formats;
212200 11. “Payor-specific negotiated charge” means the charge that a
213201 hospital has negotiated with a third -party payor for a hospital item
214202 or service;
215203 12. “Service package” means an aggregation of individual
216204 hospital items or services into a single service with a single
217205 charge;
218206 13. “Shoppable service” means a service that may be scheduled
219207 by a health care consumer in advance;
220208 14. “Standard charge” means the regular rate established by the
221209 hospital for a hospital item or service provided to a specific group
222210 of paying patients. The term includes all of the following, as
223211 defined under this section:
224212 a. the gross charge,
225213 b. the payor-specific negotiated charge,
226214 c. the de-identified minimum negotiated charge,
227215 d. the de-identified maximum negotiated charge, and
228216 e. the discounted cash price; an d
229217 15. “Third-party payor” means an entity that is, by statute,
230218 contract, or agreement, legally responsible for payment of a claim
231219 for a hospital item or service.
220+SECTION 2. NEW LAW A new section of law to be codified
221+in the Oklahoma Statutes as Section 1 -725.12 of Title 63, unless
222+there is created a duplication in numbering, reads as follows:
223+Notwithstanding any other law, a hospital shall make public:
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259-SECTION 2. NEW LAW A new section of law to be codified
260-in the Oklahoma Statutes as Section 1 -725.12 of Title 63, unless
261-there is created a duplication in numbering, reads as foll ows:
262-Notwithstanding any other law, a hospital shall make public:
263250 1. A digital file in a machine -readable format that contains a
264251 list of all standard charges for all hospital items or services as
265252 described by Section 3 of this act; and
266253 2. A consumer-friendly list of standard charges for a limited
267254 set of shoppable services as provided in Section 4 of this act.
268255 SECTION 3. NEW LAW A new section of law to be codified
269256 in the Oklahoma Statutes as Section 1 -725.13 of Title 63, unless
270257 there is created a duplication in numbering, reads as follows:
271258 A. A hospital shall:
272259 1. Maintain a list of all standard charges for all hospital
273260 items or services in accordance with this section; and
274261 2. Ensure the list required under paragraph 1 of this
275262 subsection is available at all times to the public, including by
276263 posting the list electronically in the manner provided by this
277264 section.
278265 B. The standard charges contained in the list required to be
279266 maintained by a hospital under subsection A of this section shall
280267 reflect the standard charges applicable to that location of the
281268 hospital, regardless of whether the hospital operates in more than
282269 one location or operates under the same license as another hospital.
270+C. The list required under subsection A of this section shall
271+include the following items, as applicable:
272+1. A description of each hospital item or service provided by
273+the hospital;
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310-C. The list required under subsection A of this se ction shall
311-include the following items, as applicable:
312-1. A description of each hospital item or service provided by
313-the hospital;
314300 2. The following charges for each individual hospital item or
315301 service when provided in either an inpatient setting or an
316302 outpatient department setting, as applicable:
317303 a. the gross charge,
318304 b. the de-identified minimum negotiated charge,
319305 c. the de-identified maximum nego tiated charge,
320306 d. the discounted cash price, and
321307 e. the payor-specific negotiated charge, listed by the
322308 name of the third-party payor and plan associated with
323309 the charge and displayed in a manner that clearly
324310 associates the charge with each third -party payor and
325311 plan; and
326312 3. Any code used by the hospital for purposes of accounting or
327313 billing for the hospital item or service, including the Current
328314 Procedural Terminology (CPT) code, the Healthcare Common Procedure
329315 Coding System (HCPCS) code, the Diagnosis Re lated Group (DRG) code,
330316 the National Drug Code (NDC), or other common identifier.
331317 D. The information contained in the list required under
332318 subsection A of this section shall be published in a single digital
333319 file that is in a machine -readable format.
320+E. The list required under subsection A of this section shall
321+be displayed in a prominent location on the hospital’s publicly
322+accessible Internet website. If the hospital operates multiple
323+locations and maintains a single Internet website, the list required
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361-E. The list required under subsection A of this section shall
362-be displayed in a prominent location on the hospital ’s publicly
363-accessible Internet website. If the hospital operates multiple
364-locations and maintains a single Internet website, the list required
365350 under subsection A of this section shall be posted for each location
366351 the hospital operates in a manner that clearly associates the list
367352 with the applicable location of the hospital.
368353 F. The list required under subsection A of this section shall:
369354 1. Be available:
370355 a. free of charge,
371356 b. without having to establish a user account or
372357 password, and
373358 c. without having to submit personal identifying
374359 information;
375360 2. Be digitally searchable; and
376361 3. Use the Centers for Medicare and Medicaid Services naming
377362 convention specified under 45 C.F.R., Section 180.50.
378363 G. The hospital shall update the list required under subsection
379364 A of this section at least once each year. The hospital shall
380365 clearly indicate the date on which the list was most recently
381366 updated, either on the list or in a manner that is clearly
382367 associated with the list.
368+SECTION 4. NEW LAW A new section of law to be codified
369+in the Oklahoma Statutes as Section 1 -725.14 of Title 63, unless
370+there is created a duplication in numbering, reads as follows:
371+A. Except as provided by subsection C of this section, a
372+hospital shall maintain and make publicly available a list of the
373+standard charges described by Section 3 of this act for each of at
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410-SECTION 4. NEW LAW A ne w section of law to be codified
411-in the Oklahoma Statutes as Section 1 -725.14 of Title 63, unless
412-there is created a duplication in numbering, reads as follows:
413-A. Except as provided by subsection C of this section, a
414-hospital shall maintain and make publi cly available a list of the
415-standard charges described by Section 3 of this act for each of at
416400 least three hundred shoppable services provided by t he hospital.
417401 The hospital may select the shoppable services to be included in the
418402 list, except that the list shall include:
419403 1. The seventy services specified as shoppable services by the
420404 Centers for Medicare and Medicaid Services; or
421405 2. If the hospital does not provide all of the shoppable
422406 services described by paragraph 1 of this subsection, as many of
423407 those shoppable services the hospital does provide.
424408 B. In selecting a shoppable service for purposes of inclusion
425409 in the list required under subsection A of this section, a hospital
426410 shall consider how frequently the hospital provides the service and
427411 the hospital’s billing rate for that service.
428412 C. If a hospital does not provide three hundred shoppable
429413 services, the hospital shall maintain a list of the t otal number of
430414 shoppable services that the hospital provides in a manner that
431415 otherwise complies with the requirements of subsection A of this
432416 section.
417+D. The list required under subsection A or C of this section,
418+as applicable, shall:
419+1. Include:
420+a. a plain-language description of each shoppable service
421+included on the list,
422+b. the payor-specific negotiated charge that applies to
423+each shoppable service included on the list and any
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460-D. The list required under subsection A or C of this section,
461-as applicable, shall:
462-1. Include:
463-a. a plain-language description of each shoppable service
464-included on the list,
465-b. the payor-specific negotiated ch arge that applies to
466-each shoppable service included on the list and any
467450 ancillary service, listed by the name of the third -
468451 party payor and plan as sociated with the charge and
469452 displayed in a manner that clearly associates the
470453 charge with the third -party payor and plan,
471454 c. the discounted cash price that applies to each
472455 shoppable service included on the list and any
473456 ancillary service or, if the hospita l does not offer a
474457 discounted cash price for one or more of the shoppable
475458 or ancillary services on the list, the gross charge
476459 for the shoppable service or ancillary service, as
477460 applicable,
478461 d. the de-identified minimum negotiated charge that
479462 applies to each shoppable service included on the list
480463 and any ancillary service,
481464 e. the de-identified maximum negotiated charge that
482465 applies to each shoppable service included on the list
483466 and any ancillary service, and
467+f. any code used by the hospital for purposes of
468+accounting or billing for each shoppable service
469+included on the list and any ancillary service,
470+including the Current Procedural Terminology (CPT)
471+code, the Healthcare Common Procedure Coding System
472+(HCPCS) code, the Diagnosis Related Group (DRG) code,
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511-f. any code used by the hospital for purposes of
512-accounting or billing for each shoppable service
513-included on the list and any ancillary service,
514-including the Current Procedural Terminology (CPT)
515-code, the Healthcare Common Procedure Coding System
516-(HCPCS) code, the Diagnosis Related Group (DRG) code,
517499 the National Drug Code (NDC), or other common
518500 identifier; and
519501 2. If applicable:
520502 a. state each location at which the hospital provides the
521503 shoppable service and whether the standard charges
522504 included in the list apply at that location to the
523505 provision of that shoppable service in an inpatient
524506 setting, an outpatient department setting, or in both
525507 of those settings, as applicable, and
526508 b. indicate if one or more of the shoppable services
527509 specified by the Centers for Medicare and Medicaid
528510 Services is not provided by the hospital.
529511 E. The list required under subsection A or C of this section,
530512 as applicable, shall be:
531513 1. Displayed in the manner prescribed by subsection E of
532514 Section 3 of this act for the list required under that section;
533515 2. Available:
534516 a. free of charge,
517+b. without having to register or establish a user account
518+or password, and
519+c. without having to submit personal identifying
520+information;
521+3. Searchable by service description, billing code, and payor;
522+and
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562-b. without having to register or establish a user account
563-or password, and
564-c. without having to submit per sonal identifying
565-information;
566-3. Searchable by service description, billing code, and payor;
567-and
568549 4. Updated in the manner prescribed by subsecti on G of Section
569550 3 of this act for the list required under that section.
570551 F. Notwithstanding any other provision of this section, a
571552 hospital is considered to meet the requirements of this section if
572553 the hospital maintains, as determined by the State Departm ent of
573554 Health, an Internet-based price estimator tool that:
574555 1. Provides a cost estimate for each shoppable service and any
575556 ancillary service included on the list maintained by the hospital
576557 under subsection A of this section;
577558 2. Allows a person to obtain an estimate of the amount the
578559 person will be obligated to pay the hospital if the person elects to
579560 use the hospital to provide the service; and
580561 3. Is:
581562 a. prominently displayed on the hospital’s publicly
582563 accessible Internet website, and
583564 b. accessible to the public:
584565 (1) without charge, and
566+(2) without having to register or establish a user
567+account or password.
568+SECTION 5. NEW LAW A new section of law to be codified
569+in the Oklahoma Statutes as Section 1 -725.15 of Title 63, unless
570+there is created a duplication in numbering, reads as follows:
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612-(2) without having to register or establish a user
613-account or password.
614-SECTION 5. NEW LAW A new section of law to be codified
615-in the Oklahoma Statutes as Section 1 -725.15 of Title 63, unless
616-there is created a duplication in numbering, reads as follows:
617597 A. The State Department of Health may monitor each hospital’s
618598 compliance with the requirements of this act using any of the
619599 following methods:
620600 1. Evaluating complaints made by persons to the Depart ment
621601 regarding noncompliance with this act;
622602 2. Reviewing any analysis prepared regarding noncompliance with
623603 this act; and
624604 3. Auditing the Internet websites of hospitals for compliance
625605 with this act.
626606 B. If the Department determines that a hospital is not in
627607 compliance with a provision of this act, the Department may take any
628608 of the following actions:
629609 1. Provide a written notice to the hospital that clearly
630610 explains the manner in which the hospital is not in compliance with
631611 this act;
632612 2. Request a correct ive action plan from the hospital if the
633613 hospital has materially violated a provision of this act, as
634614 determined under Section 6 of this act; and
615+3. Impose an administrative penalty on the hospital and
616+publicize the penalty on the Department’s Internet we bsite if the
617+hospital fails to:
618+a. respond to the Department’s request to submit a
619+corrective action plan, or
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662-3. Impose an administrative penalty on the hospital and
663-publicize the penalty on the Department’s Internet website if the
664-hospital fails to:
665-a. respond to the Department’s request to submit a
666-corrective action plan, or
667646 b. comply with the requirements of a corrective action
668647 plan submitted to the Department.
669648 SECTION 6. NEW LAW A new section of law to be codified
670649 in the Oklahoma Statutes as Section 1 -725.16 of Title 63, unless
671650 there is created a duplication in numbering, reads as follows:
672651 A. A hospital materially violates this act if the hospital
673652 fails to publicize:
674653 1. Pricing information as required by Section 2 of this act; or
675654 2. The hospital’s standard charges in the form and manner
676655 required by Sections 3 and 4 of this act.
677656 B. If the State Department of Health determines that a hospital
678657 has materially violated this act, the Department ma y issue a notice
679658 of material violation to the hospital and request that the hospital
680659 submit a corrective action plan. The notice shall indicate the form
681660 and manner in which the corrective action plan shall be submitted to
682661 the Department, and clearly state the date by which the hospital
683662 shall submit the plan.
684663 C. A hospital that receives a notice under subsection B of this
685664 section shall:
665+1. Submit a corrective action plan in the form and manner, and
666+by the specified date, prescribed by the notice of violat ion; and
667+2. As soon as practicable after submission of a corrective
668+action plan to the Department, act to comply with the plan.
669+D. A corrective action plan submitted to the Department shall:
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713-1. Submit a corrective action plan in the form and manner, and
714-by the specified date, prescribed by the notice of violation; and
715-2. As soon as practicable after submission of a corrective
716-action plan to the Department, act to co mply with the plan.
717-D. A corrective action plan submitted to the Department shall:
718696 1. Describe in detail the corrective action the hospital will
719697 take to address any violation identified by the Department in the
720698 notice provided under subsection B of this section; and
721699 2. Provide a date by which the hospital will complete the
722700 corrective action described by paragraph 1 of this subsection.
723701 E. A corrective action plan is subject to review and approval
724702 by the Department. After the Department reviews and approves a
725703 hospital’s corrective action plan, the Department shall monitor and
726704 evaluate the hospital’s compliance with the plan.
727705 F. A hospital is consi dered to have failed to respond to the
728706 Department’s request to submit a corrective action plan if the
729707 hospital fails to submit a corrective action plan:
730708 1. In the form and manner specified in the notice provided
731709 under subsection B of this section; or
732710 2. By the date specified in the notice provided under
733711 subsection B of this section.
734712 G. A hospital is considered to have failed to comply with a
735713 corrective action plan if the hospital fails to address a violation
736714 within the specified period of time contained in the plan.
715+SECTION 7. NEW LAW A new section of law to be codified
716+in the Oklahoma Statutes as Section 1 -725.17 of Title 63, unless
717+there is created a duplication in numbering, reads as follows:
718+A. A hospital that is not in materi al compliance with this act
719+on the date that items or services are purchased from or provided to
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764-SECTION 7. NEW LAW A new section of law to be codified
765-in the Oklahoma Statutes as Section 1 -725.17 of Title 63, unless
766-there is created a duplication in numbering, reads as follows:
767-A. A hospital that is not in material compliance with this act
768-on the date that items or services are purchased from or provided to
769746 a patient by the hospital shall not initiate or pursue collection
770747 action against the patient or patient guarantor for a debt owed for
771748 the items or services.
772749 B. If a patient believes that a hospital was not in material
773750 compliance with this act on a date on or after the effective date of
774751 this act that items or services were purchased by or provided to the
775752 patient, and the hospital takes a collection action agains t the
776753 patient or patient guarantor, the patient or patient guarantor may
777754 file suit to determine if the hospital was materially out of
778755 compliance with this act on the date of service and if the
779756 noncompliance is related to the items or services. The hospita l
780757 shall not take a collection action against the patient or patient
781758 guarantor while the lawsuit is pending.
782759 C. A hospital that has been found by a judge or jury to be
783760 materially out of compliance with this act:
784761 1. Shall refund the payor any amount of the debt the payor has
785762 paid and shall pay a penalty to the patient or patient guarantor in
786763 an amount equal to the total amount of the debt;
764+2. Shall dismiss or cause to be dismissed any court action with
765+prejudice and pay any reasonable attorney fees and cos ts incurred by
766+the patient or patient guarantor relating to the action; and
767+3. Shall remove or cause to be removed from the patient’s or
768+patient guarantor’s credit report any report made to a consumer
769+reporting agency relating to the debt.
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814-2. Shall dismiss or cause to be dismissed any court action with
815-prejudice and pay any reasonable attorney fees and costs incurred by
816-the patient or patient guarantor relating to the action; and
817-3. Shall remove or cause to be r emoved from the patient’s or
818-patient guarantor’s credit report any report made to a consumer
819-reporting agency relating to the debt.
820796 D. Nothing in this act:
821797 1. Prohibits a hospital from billing a patient, patient
822798 guarantor, or third-party payor, including a health insurer, for
823799 items or services provided to the patient; or
824800 2. Requires a hospital to refund any payment made to the
825801 hospital for items o r services provided to the patient, as long as
826802 no collection action is taken in violation of this act.
827803 SECTION 8. AMENDATORY 63 O.S. 2021, Section 1 -725.2, is
828804 amended to read as follows:
829805 Section 1-725.2. As used in the Transparency in Health Care
830806 Prices Act:
831807 1. "Agency" means a government department, agency or a
832808 government-created entity;
833809 2. "CPT code" means the Current Procedural Terminology code, or
834810 its successor code, as developed and copyrighted by the American
835811 Medical Association or its successor entity;
836812 3. "Health care facility" means a facility licensed or certified
837813 by the State Department of Health, but shall not include a nursing
814+care facility, assisted living facility or, home care agency, or
815+hospital;
816+4. "Health care price" means the cash price that a health care
817+provider or health care facility will charge a recipient for health
818+care services that will be rendered. Health care price is the price
819+charged for the standard service for the particular diagnosis and
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865-care facility, assisted living facility or, home care agency, or
866-hospital;
867-4. "Health care price" means the cash price that a health care
868-provider or health care facility will charge a recipient for hea lth
869-care services that will be rendered. Health care price is the price
870-charged for the standard service for the particular diagnosis and
871846 does not include any amount that may be charged for complications or
872847 exceptional treatment;
873848 5. "Health care provider" means a person who is licensed,
874849 certified or registered by this state to provide health care
875850 services or a medical group, independent practice as sociation or
876851 professional corporation providing health care services;
877852 6. "Health care services" or "services" means services included
878853 in, or incidental to, furnishing to an individual:
879854 a. medical, mental, dental or optometric care or
880855 hospitalization, or
881856 b. other services for the purpose of preventing,
882857 alleviating, curing or healing a physical or mental
883858 illness or injury;
884859 7. "Recipient" means an individual who receives health care
885860 services from a health care provider or health care facility; and
886861 8. "Specialty service line" means health care services rendered
887862 by a specific medical specialist to include, but not be limited to:
888863 a. general surgery,
864+b. obstetrics or gynecology,
865+c. cardiology,
866+d. urology,
867+e. ophthalmology,
868+f. neurology/neurosurgery,
869+g. orthopedics,
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916-b. obstetrics or gynecology,
917-c. cardiology,
918-d. urology,
919-e. ophthalmology,
920-f. neurology/neurosurgery,
921-g. orthopedics,
922896 h. hematology/oncology,
923897 i. pathology,
924898 j. radiology,
925899 k. emergency medicine,
926900 l. physical therapy, or
927901 m. another specialty service provided by a health care
928902 facility.
929903 SECTION 9. This act shall become effective November 1, 2025.
930904
931-COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
932-OVERSIGHT, dated 04/16/2025 - DO PASS, As Amended and Coau thored.
905+60-1-13543 TJ 04/16/25
906+
907+