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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 889 By: Murdock, Bullard,
Bergstrom, Frix, Jett,
Grellner, Sacchieri,
McIntosh, and Deevers of
the Senate
and
Lepak, Cantrell, Wolfley,
Sneed, Ford, Humphrey,
Williams, Woolley, Olsen,
Banning, Hildebrant, and
Luttrell of the House
COMMITTEE SUBSTITUTE
An Act relating to hospitals; defining terms;
requiring hospitals to make public certain fil e and
list; stating requirements for list of standard
charges; requiring certain digital publication of
specified information; requiring certain online
display of list; stipulating requirements related to
accessibility and formatting of list; requiring
annual update of list; stating requirements for list
of standard charges and selection of shoppable
services; requiring list to include certain
information; directing certain display and
availability of list; authorizing certain compliance
monitoring by the State Department of Health;
authorizing certain actions for noncompliance;
defining material violation; authorizing issuance of
certain notice upon certain determination; specifying
certain requirements for corrective action plans;
prohibiting certain colle ction actions by
noncompliant hospitals; authorizing certain civil
actions; imposing certain requirements on hospitals
found noncompliant; providing certain construction;
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amending 63 O.S. 2021, Section 1 -725.2, which relates
to definitions in the Transpare ncy in Health Care
Prices Act; excluding hospitals; 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 to be codified
in the Oklahoma Statutes as Section 1 -725.11 of Title 63, unless
there is created a duplication in numbering, reads as follows:
As used in this act:
1. “Ancillary service” means a hospital item or service that a
hospital customarily provides as part of a shoppa ble service;
2. “Chargemaster” means the list of all hospital items or
services maintained by a hospital for which the hospital has
established a charge;
3. “De-identified maximum negotiated charge” means the highest
charge that a hospital has negotiated with all third-party payors
for a hospital item or service;
4. “De-identified minimum negotiated charge” means the lowest
charge that a hospital has negotiated with all third -party payors
for a hospital item or service;
5. “Department” means the State D epartment of Health;
6. “Discounted cash price” means the charge that applies to an
individual who pays cash, or a cash equivalent, for a hospital item
or service;
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7. “Gross charge” means the charge for a hospital item or
service that is reflected on a h ospital’s chargemaster, absent any
discounts;
8. “Hospital” means a hospital:
a. licensed under Section 1 -702 of Title 63 of the
Oklahoma Statutes, or
b. owned or operated by a state agency;
9. “Hospital items or services” means all items and services,
including individual items and services and service packages, that
may be provided by a hospital to a patient in connection with an
inpatient admission or an outpatient department visit, as
applicable, for which the hospital has established a standard
charge, including:
a. supplies and procedures,
b. room and board,
c. use of the facility and other areas, generally
referred to as facility fees,
d. services of physicians and non -physician
practitioners, generally referred to as professional
charges, and
e. any other item or service for which a hospital has
established a standard charge;
10. “Machine-readable format” means a digital representation of
information in a file that can be imported or read into a computer
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system for further processing. The term inc ludes Extensible Markup
Language (.XML), JavaScript Object Notation (.JSON), and Comma -
Separated Values (.CSV) formats;
11. “Payor-specific negotiated charge” means the charge that a
hospital has negotiated with a third -party payor for a hospital item
or service;
12. “Service package” means an aggregation of individual
hospital items or services into a single service with a single
charge;
13. “Shoppable service” means a service that may be scheduled
by a health care consumer in advance;
14. “Standard charge” means the regular rate established by the
hospital for a hospital item or service provided to a specific group
of paying patients. The term includes all of the following, as
defined under this section:
a. the gross charge,
b. the payor-specific negotiated charge,
c. the de-identified minimum negotiated charge,
d. the de-identified maximum negotiated charge, and
e. the discounted cash price; and
15. “Third-party payor” means an entity that is, by statute,
contract, or agreement, legally responsible f or payment of a claim
for a hospital item or service.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -725.12 of Title 63, unless
there is created a duplication in numbering, reads as foll ows:
Notwithstanding any other law, a hospital shall make public:
1. A digital file in a machine -readable format that contains a
list of all standard charges for all hospital items or services as
described by Section 3 of this act; and
2. A consumer-friendly list of standard charges for a limited
set of shoppable services as provided in Section 4 of this act.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -725.13 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A hospital shall:
1. Maintain a list of all standard charges for all hospital
items or services in accordance with this section; and
2. Ensure the list required under paragraph 1 of this
subsection is available at all times to the public, including by
posting the list electronically in the manner provided by this
section.
B. The standard charges contained in the list required to be
maintained by a hospital under subsection A of this section s hall
reflect the standard charges applicable to that location of the
hospital, regardless of whether the hospital operates in more than
one location or operates under the same license as another hospital.
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C. The list required under subsection A of this se ction shall
include the following items, as applicable:
1. A description of each hospital item or service provided by
the hospital;
2. The following charges for each individual hospital item or
service when provided in either an inpatient setting or an
outpatient department setting, as applicable:
a. the gross charge,
b. the de-identified minimum negotiated charge,
c. the de-identified maximum negotiated charge,
d. the discounted cash price, and
e. the payor-specific negotiated charge, listed by the
name of the third-party payor and plan associated with
the charge and displayed in a manner that clearly
associates the charge with each third -party payor and
plan; and
3. Any code used by the hospital for purposes of accounting or
billing for the hospital ite m or service, including the Current
Procedural Terminology (CPT) code, the Healthcare Common Procedure
Coding System (HCPCS) code, the Diagnosis Related Group (DRG) code,
the National Drug Code (NDC), or other common identifier.
D. The information contain ed in the list required under
subsection A of this section shall be published in a single digital
file that is in a machine -readable format.
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E. The list required under subsection A of this section shall
be displayed in a prominent location on the hospital ’s publicly
accessible Internet website. If the hospital operates multiple
locations and maintains a single Internet website, the list required
under subsection A of this section shall be posted for each location
the hospital operates in a manner that cle arly associates the list
with the applicable location of the hospital.
F. The list required under subsection A of this section shall:
1. Be available:
a. free of charge,
b. without having to establish a user account or
password, and
c. without having to submit personal identifying
information;
2. Be digitally searchable; and
3. Use the Centers for Medicare and Medicaid Services naming
convention specified under 45 C.F.R., Section 180.50.
G. The hospital shall update the list required under subsection
A of this section at least once each year. The hospital shall
clearly indicate the date on which the list was most recently
updated, either on the list or in a manner that is clearly
associated with the list.
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SECTION 4. NEW LAW A ne w section of law to be codified
in the Oklahoma Statutes as Section 1 -725.14 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Except as provided by subsection C of this section, a
hospital shall maintain and make publi cly available a list of the
standard charges described by Section 3 of this act for each of at
least three hundred shoppable services provided by the hospital.
The hospital may select the shoppable services to be included in the
list, except that the list shall include:
1. The seventy services specified as shoppable services by the
Centers for Medicare and Medicaid Services; or
2. If the hospital does not provide all of the shoppable
services described by paragraph 1 of this subsection, as many of
those shoppable services the hospital does provide.
B. In selecting a shoppable service for purposes of inclusion
in the list required under subsection A of this section, a hospital
shall consider how frequently the hospital provides the service and
the hospital’s billing rate for that service.
C. If a hospital does not provide three hundred shoppable
services, the hospital shall maintain a list of the total number of
shoppable services that the hospital provides in a manner that
otherwise complies with the req uirements of subsection A of this
section.
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D. The list required under subsection A or C of this section,
as applicable, shall:
1. Include:
a. a plain-language description of each shoppable service
included on the list,
b. the payor-specific negotiated ch arge that applies to
each shoppable service included on the list and any
ancillary service, listed by the name of the third -
party payor and plan associated with the charge and
displayed in a manner that clearly associates the
charge with the third -party payor and plan,
c. the discounted cash price that applies to each
shoppable service included on the list and any
ancillary service or, if the hospital does not offer a
discounted cash price for one or more of the shoppable
or ancillary services on the list, the gross charge
for the shoppable service or ancillary service, as
applicable,
d. the de-identified minimum negotiated charge that
applies to each shoppable service included on the list
and any ancillary service,
e. the de-identified maximum negotiated ch arge that
applies to each shoppable service included on the list
and any ancillary service, and
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f. any code used by the hospital for purposes of
accounting or billing for each shoppable service
included on the list and any ancillary service,
including the Current Procedural Terminology (CPT)
code, the Healthcare Common Procedure Coding System
(HCPCS) code, the Diagnosis Related Group (DRG) code,
the National Drug Code (NDC), or other common
identifier; and
2. If applicable:
a. state each location at which the hospital provides the
shoppable service and whether the standard charges
included in the list apply at that location to the
provision of that shoppable service in an inpatient
setting, an outpatient department setting, or in both
of those settings, as applicable, and
b. indicate if one or more of the shoppable services
specified by the Centers for Medicare and Medicaid
Services is not provided by the hospital.
E. The list required under subsection A or C of this section,
as applicable, shall be:
1. Displayed in the manner prescribed by subsection E of
Section 3 of this act for the list required under that section;
2. Available:
a. free of charge,
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b. without having to register or establish a user account
or password, and
c. without having to submit per sonal identifying
information;
3. Searchable by service description, billing code, and payor;
and
4. Updated in the manner prescribed by subsection G of Section
3 of this act for the list required under that section.
F. Notwithstanding any other provisi on of this section, a
hospital is considered to meet the requirements of this section if
the hospital maintains, as determined by the State Department of
Health, an Internet-based price estimator tool that:
1. Provides a cost estimate for each shoppable s ervice and any
ancillary service included on the list maintained by the hospital
under subsection A of this section;
2. Allows a person to obtain an estimate of the amount the
person will be obligated to pay the hospital if the person elects to
use the hospital to provide the service; and
3. Is:
a. prominently displayed on the hospital’s publicly
accessible Internet website, and
b. accessible to the public:
(1) without charge, and
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(2) without having to register or establish a user
account or password.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -725.15 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The State Department of Health may monitor each hospital’s
compliance with the requirements of this act using any of the
following methods:
1. Evaluating complaints made by persons to the Department
regarding noncompliance with this act;
2. Reviewing any analysis prepared regarding noncompliance with
this act; and
3. Auditing the Internet websites of hospitals for compliance
with this act.
B. If the Department determines that a hospital is not in
compliance with a provision of this act, the Department may take any
of the following actions:
1. Provide a written notice to the hospital that clearly
explains the manner in which the hospital is not in compliance with
this act;
2. Request a corrective action plan from the hospital if the
hospital has materially violated a provision of this act, as
determined under Section 6 of this act; and
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3. Impose an administrative penalty on the hospital and
publicize the penalty on the Department’s Internet website if the
hospital fails to:
a. respond to the Department’s request to submit a
corrective action plan, or
b. comply with the requirements of a corrective action
plan submitted to the Department.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -725.16 of Title 63, unless
there is created a dup lication in numbering, reads as follows:
A. A hospital materially violates this act if the hospital
fails to publicize:
1. Pricing information as required by Section 2 of this act; or
2. The hospital’s standard charges in the form and manner
required by Sections 3 and 4 of this act.
B. If the State Department of Health determines that a hospital
has materially violated this act, the Department may issue a notice
of material violation to the hospital and request that the hospital
submit a corrective acti on plan. The notice shall indicate the form
and manner in which the corrective action plan shall be submitted to
the Department, and clearly state the date by which the hospital
shall submit the plan.
C. A hospital that receives a notice under subsection B of this
section shall:
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1. Submit a corrective action plan in the form and manner, and
by the specified date, prescribed by the notice of violation; and
2. As soon as practicable after submission of a corrective
action plan to the Department, act to co mply with the plan.
D. A corrective action plan submitted to the Department shall:
1. Describe in detail the corrective action the hospital will
take to address any violation identified by the Department in the
notice provided under subsection B of this section; and
2. Provide a date by which the hospital will complete the
corrective action described by paragraph 1 of this subsection.
E. A corrective action plan is subject to review and approval
by the Department. After the Department reviews and appro ves a
hospital’s corrective action plan, the Department shall monitor and
evaluate the hospital’s compliance with the plan.
F. A hospital is considered to have failed to respond to the
Department’s request to submit a corrective action plan if the
hospital fails to submit a corrective action plan:
1. In the form and manner specified in the notice provided
under subsection B of this section; or
2. By the date specified in the notice provided under
subsection B of this section.
G. A hospital is considered to have failed to comply with a
corrective action plan if the hospital fails to address a violation
within the specified period of time contained in the plan.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -725.17 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A hospital that is not in material compliance with this act
on the date that items or services are purchased from or provided to
a patient by the hospital shall not initiate or pursue collection
action against the patient or patient guarantor for a debt owed for
the items or services.
B. If a patient believes that a hospital was not in material
compliance with this act on a date on or after th e effective date of
this act that items or services were purchased by or provided to the
patient, and the hospital takes a collection action against the
patient or patient guarantor, the patient or patient guarantor may
file suit to determine if the hospit al was materially out of
compliance with this act on the date of service and if the
noncompliance is related to the items or services. The hospital
shall not take a collection action against the patient or patient
guarantor while the lawsuit is pending.
C. A hospital that has been found by a judge or jury to be
materially out of compliance with this act:
1. Shall refund the payor any amount of the debt the payor has
paid and shall pay a penalty to the patient or patient guarantor in
an amount equal to th e total amount of the debt;
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2. Shall dismiss or cause to be dismissed any court action with
prejudice and pay any reasonable attorney fees and costs incurred by
the patient or patient guarantor relating to the action; and
3. Shall remove or cause to be r emoved from the patient’s or
patient guarantor’s credit report any report made to a consumer
reporting agency relating to the debt.
D. Nothing in this act:
1. Prohibits a hospital from billing a patient, patient
guarantor, or third-party payor, including a health insurer, for
items or services provided to the patient; or
2. Requires a hospital to refund any payment made to the
hospital for items or services provided to the patient, as long as
no collection action is taken in violation of this act.
SECTION 8. AMENDATORY 63 O.S. 2021, Section 1 -725.2, is
amended to read as follows:
Section 1-725.2. As used in the Transparency in Health Care
Prices Act:
1. "Agency" means a government department, agency or a
government-created entity;
2. "CPT code" means the Current Procedural Terminology code, or
its successor code, as developed and copyrighted by the American
Medical Association or its successor entity;
3. "Health care facility" means a facility licensed or certified
by the State Department of Health, but shall not include a nursing
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care facility, assisted living facility or, home care agency, or
hospital;
4. "Health care price" means the cash price that a health care
provider or health care facility will charge a recipient for hea lth
care services that will be rendered. Health care price is the price
charged for the standard service for the particular diagnosis and
does not include any amount that may be charged for complications or
exceptional treatment;
5. "Health care provider " means a person who is licensed,
certified or registered by this state to provide health care
services or a medical group, independent practice association or
professional corporation providing health care services;
6. "Health care services" or "services " means services included
in, or incidental to, furnishing to an individual:
a. medical, mental, dental or optometric care or
hospitalization, or
b. other services for the purpose of preventing,
alleviating, curing or healing a physical or mental
illness or injury;
7. "Recipient" means an individual who receives health care
services from a health care provider or health care facility; and
8. "Specialty service line" means health care services rendered
by a specific medical specialist to include, but not b e limited to:
a. general surgery,
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b. obstetrics or gynecology,
c. cardiology,
d. urology,
e. ophthalmology,
f. neurology/neurosurgery,
g. orthopedics,
h. hematology/oncology,
i. pathology,
j. radiology,
k. emergency medicine,
l. physical therapy, or
m. another specialty service provided by a health care
facility.
SECTION 9. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
OVERSIGHT, dated 04/16/2025 - DO PASS, As Amended and Coau thored.