Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1469 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 1729 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.1469 
Session of 
2025 
INTRODUCED BY KHAN, ROWE, SANCHEZ, TOMLINSON, PROKOPIAK, 
LEADBETER, PIELLI, HILL-EVANS, BURGOS, CEPEDA-FREYTIZ, 
SHUSTERMAN, SMITH-WADE-EL, WARREN, CIRESI, FLEMING, OTTEN, 
O'MARA, CERRATO, GREEN, STEELE, HOHENSTEIN, KENYATTA, HOWARD, 
MAYES, HANBIDGE, GIRAL, LABS, GUENST, INGLIS, COOPER, PUGH, 
KOZAK AND HAMM, MAY 14, 2025 
REFERRED TO COMMITTEE ON HEALTH, MAY 15, 2025 
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An 
act relating to health care; prescribing the powers and 
duties of the Department of Health; establishing and 
providing the powers and duties of the State Health 
Coordinating Council, health systems agencies and Health Care 
Policy Board in the Department of Health, and State Health 
Facility Hearing Board in the Department of Justice; 
providing for certification of need of health care providers 
and prescribing penalties," providing for hospital price 
transparency and for prohibition on collection action of debt 
against patients for noncompliant hospitals .
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  The act of July 19, 1979 (P.L.130, No.48), known 
as the Health Care Facilities Act, is amended by adding chapters 
to read:
CHAPTER 8-D
HOSPITAL PRICE TRANSPARENCY
Section 801-D.  Purpose.
The purpose of this chapter is to require hospitals to 
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hospitals and to provide for enforcement by the department.
Section 802-D.  Definitions.
The following words and phrases when used in this chapter 
shall have the meanings given to them in this section unless the 
context clearly indicates otherwise:
"Ancillary service."  A hospital item or service that a 
hospital customarily provides as part of a shoppable service.
"Chargemaster."  The list of all hospital items or services 
maintained by a hospital for which the hospital has established 
a charge.
"CMS."  The Centers for Medicare and Medicaid Services.
"De-identified maximum negotiated charge."  The highest 
charge that a hospital has negotiated with all third-party 
payors for a hospital item or service.
"De-identified minimum negotiated charge."  The lowest charge 
that a hospital has negotiated with all third-party payors for a 
hospital item or service.
"Discounted cash price."  The charge that applies to an 
individual who pays cash or a cash equivalent for a hospital 
item or service.
"Facility fee."  A fee charged or billed by a hospital for 
outpatient services provided in an off-campus health care 
facility, regardless of the modality through which the health 
care service is provided, that is:
(1)  Intended to compensate the health system or hospital 
for health care expenses.
(2)  Separate and distinct from a professional fee.
"Gross charge."  The charge for a hospital item or service 
that is reflected on the hospital's chargemaster, absent any 
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30 discount.
"Health care facility."  As defined in section 802.1.
"Health system."  As defined in section 809.2.
"Hospital."   As defined in section 802.1. 
"Item or service."  An item or service, including an 
individual items or services package, that could be provided by 
a hospital to a patient in connection with an inpatient 
admission or an outpatient department visit for which the 
hospital has established a standard charge, including any of the 
following:
(1)  A supply or procedure.
(2)  Room and board.
(3)  The use of the hospital or other item, which is 
generally described as a facility fee.
(4)  The service of a health care practitioner, which is 
generally described as a professional fee.
(5)  Any other item or service for which a hospital has 
established a standard charge.
"Payor-specific negotiated charge."  The charge that a 
hospital has negotiated with a third-party payor for a hospital 
item or service.
"Professional fee."  A fee charged by a health care 
practitioner for medical services.
"Readable format."  A digital representation of information 
in a file that can be easily opened, read and comprehended by an 
individual with average computer skills and imported or read 
into a computer system for further processing without any 
additional preparation.
"Shoppable service."  A service that may be scheduled by an 
individual in advance.
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30 "Standard charge."  The regular rate established by the 
hospital for a hospital item or service provided to a specific 
group of paying patients reported in United States dollar 
amounts. The term includes any of the following:
(1)    The gross charge. 
(2)    The payor-specific negotiated charge. 
(3)    The de-identified minimum negotiated charge. 
(4)    The de-identified maximum negotiated charge. 
(5)    The discounted cash price. 
"Third-party payor."  An entity that is legally responsible 
for payment of a claim for a hospital item or service.
Section 803-D.   	Public availability of price information  
required.
A hospital shall publish all of the following on its publicly 
accessible Internet website and provide hard copies upon 
request:
(1)  A digital file in a readable format and printable 
format that contains a list of all standard charges for all 
hospital items or services as specified under section 804-D.
(2)    A consumer-friendly and printable list of standard  
charges for a limited set of shoppable services as provided 
for under section 805-D.
Section 804-D.  List of standard charges.
(a)  List.--A hospital shall have the following duties:
(1)  Maintain a list of all standard charges for all 
hospital items or services in accordance with this chapter.
(2)  Ensure that the list is always available to the 
public, including publishing the list electronically in the 
manner specified under section 803-D.
(b)  Standard charges.--The standard charges contained in the 
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30 list under subsection (a) shall reflect the standard charges 
applicable to the location of the hospital, regardless of 
whether the hospital operates in more than one location or 
operates under the same license as another hospital.
(c)  Contents.--A hospital shall include all of the following 
information in the list under subsection (a):
(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, 
including:
(i)  The gross charge.
(ii)  The de-identified minimum negotiated charge.
(iii)  The de-identified maximum negotiated charge.
(iv)  The discounted cash price.
(v)  The payor-specific negotiated charge, delineated 
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. A hospital must include all payors and all plans 
accepted by the hospital in a manner clearly associated 
with the name of the third-party payor and specific plan.
(vi)  A code used by the hospital for the purpose of 
accounting or billing for the hospital item or service, 
including the Current Procedural Terminology code, the 
Healthcare Common Procedure Coding System code, the 
Diagnosis Related Group code, the National Drug Code or 
other common identifier.
(d)    Format.--A hospital shall publish the information  
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30 contained in the list under subsection (a) in a   single digital  
file that is in a readable format.
(e)  Display.--A hospital shall display the list under 
subsection (a) by posting the list in a prominent location on 
the home page of the hospital's publicly accessible Internet 
website or making the list accessible by a dedicated link that 
is prominently displayed on the home page of the hospital's 
publicly accessible Internet website. If the hospital operates 
multiple locations and maintains a single Internet website, the 
hospital shall post the list for each location that the hospital 
operates in a manner that clearly associates the list with the 
applicable location of the hospital and includes charges 
specific to each individual hospital location.
(f)  Availability.--
(1)  A hospital shall ensure that the list under 
subsection (a) complies with the following requirements:
(i)  Be available free of charge.
(ii)  Be accessible to a common commercial operator 
of an Internet search engine to the extent necessary for 
the search engine to index the list and display the list 
in response to a search query of a user of the search 
engine.
(iii)  Be formatted in a manner specified under this 
chapter and by the department via notice submitted to the 
Legislative Reference Bureau for publication in the next 
available issue of the Pennsylvania Bulletin.
(iv)  Be digitally searchable and printable by 
service description, billing code and third-party payor.
(v)  Use a format and a naming convention specified 
by the department via notice submitted to the Legislative 
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30 Reference Bureau for publication in the next available 
issue of the Pennsylvania Bulletin. The department shall 
consider a naming convention as may be specified by CMS.
(2)  The department shall ensure the list under 
subsection (a) does not require any of the following:
(i)  The establishment of a user account or password 
or other information of the user.
(ii)  The submission of personal identifying 
information.
(iii)  Any other impediment, including entering a 
code to access the list.
(g)  Template.--In determining the format of the list under 
subsection (a) as required under subsection (f)(1), the 
department shall develop a template that each hospital shall use 
in formatting the list and publish the template via notice 
submitted to the Legislative Reference Bureau for publication in 
the next available issue of the Pennsylvania Bulletin. In 
developing the template as required under this subsection, the 
department shall have the following duties:
(1)  Take into consideration applicable Federal 
guidelines for formatting similar lists required by Federal 
law and ensure that the design of the template enables an 
individual to compare the charges contained in the lists 
maintained by each hospital.
(2)  Design the template to be substantially like the 
template used by CMS for the purposes specified in this 
chapter.
(h)  Updates.--A hospital shall update the list under 
subsection (a) no less than once each year. The hospital shall 
clearly indicate the date when the list was most recently 
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30 updated, either on the list or in a manner that is clearly 
associated with the list. The hospital shall make available no 
less than the three most recent versions of the list as required 
under this chapter.
Section 805-D.  List of shoppable services.
(a)  List.-- Except as provided under subsection (c), a  
hospital shall maintain and make publicly available a list of 
the standard charges for each of at least 300 shoppable services 
provided by the hospital with charges specific to that 
individual hospital location. The hospital may select the 
shoppable services to be included in the list, except that the 
list shall include the 70 services specified as shoppable 
services by CMS. If the hospital does not provide all the 
shoppable services specified by CMS, the hospital shall include 
all the shoppable services provided by the hospital.
(b)  Selection.--In selecting a shoppable service for the 
purpose of inclusion in the list under subsection (a), a 
hospital shall have following duties:
(1)  Consider how frequently the hospital provides the 
service and the hospital's billing rate for the service.
(2)  Prioritize the selection of services that are among 
the services most frequently provided by the hospital.
(c)  Exception.--If a hospital does not provide 300 shoppable 
services in the list under subsection (a), the hospital shall 
include the total number of shoppable services that the hospital 
provides in a manner that otherwise complies with the 
requirements of subsection (a).
(d)  Contents.--A hospital shall include all of the following 
information in the list under subsection (a):
(1)  A plain-language description of each shoppable 
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30 service included on the list.
(2)  The payor-specific negotiated charge that applies to 
each shoppable service included on the list and any ancillary 
service, delineated 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.
(3)  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 a shoppable service or an ancillary service on the 
list, the gross charge for the shoppable service or ancillary 
service, as applicable.
(4)  The de-identified minimum negotiated charge that 
applies to each shoppable service included on the list and 
any ancillary service.
(5)  The de-identified maximum negotiated charge that 
applies to each shoppable service included on the list and 
any ancillary service.
(6)  A 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 code, the Healthcare Common Procedure 
Coding System code, the Diagnosis Related Group code, the 
National Drug Code or other common identifier.
(7)  If applicable, each location where the hospital 
provides a shoppable service and whether the standard charges 
included in the list apply at the location to the provision 
of the shoppable service in an inpatient setting or an 
outpatient department setting.
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30 (8)  If applicable, an indication if a shoppable service 
specified by CMS is not provided by the hospital.
(e)  Availability.--
(1)  A hospital shall ensure that the list under 
subsection (a) complies with the following requirements:
(i)  Be available free of charge.
(ii)  Be accessible to a common commercial operator 
of an Internet search engine to the extent necessary for 
the search engine to index the list and display the list 
in response to a search query of a user of the search 
engine.
(iii)  Be formatted in a manner specified under this 
chapter and by the department via notice submitted to the 
Legislative Reference Bureau for publication in the next 
available issue of the Pennsylvania Bulletin.
(iv)  Be digitally searchable and printable by 
service description, billing code and third-party payor.
(v)  Use a format and a naming convention specified 
by the department via notice submitted to the Legislative 
Reference Bureau for publication in the next available 
issue of the Pennsylvania Bulletin. The department shall 
consider a naming convention as may be specified by CMS.
(vi)  Nothing in this section shall preclude a 
hospital from using a price estimator tool as provided 
for in 45 CFR 180.60 (relating to requirements for 
displaying shoppable services in a consumer-friendly 
manner) in addition to the list of shoppable services.
(2)  The department shall ensure that the list under 
subsection (a) does not require any of the following:
(i)  The establishment of a user account or password 
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30 or other information of the user.
(ii)  The submission of personal identifying 
information.
(iii)  Any other impediment, including entering a 
code to access the list.
(f)  Template.--In determining the format of the list under 
subsection (a) as required under subsection (e)(1), the 
department shall develop a template that each hospital shall use 
in formatting the list and transmit the template via notice to 
the Legislative Reference Bureau for publication in the next 
available issue of the Pennsylvania Bulletin. In developing the 
template as required under this subsection, the department shall 
have the following duties:
(1)  Take into consideration applicable Federal 
guidelines for formatting similar lists required by Federal 
law and ensure that the design of the template enables an 
individual to compare the charges contained in the lists 
maintained by each hospital.
(2)  Design the template to be substantially like the 
template used by CMS for the purposes specified in this 
chapter.
(g)  Updates.--A hospital shall update the list under 
subsection (a) no less than once each year. The hospital shall 
clearly indicate the date when the list was most recently 
updated, either on the list or in a manner that is clearly 
associated with the list. The hospital shall make available no 
less than the three most recent versions of the list as required 
under this chapter.
Section 806-D.  Reporting requirements.
(a)  Frequency.--Each time a hospital creates or updates a 
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30 list as required under section  	804-D or 805-D 	, the hospital  
shall submit the list, along with a report on the list, to the 
department. The department shall determine the form of the 
report via notice submitted to the Legislation Reference Bureau 
for publication in the next available issue of the Pennsylvania 
Bulleti n. 
(b)  Complete data.--To be considered in compliance, any list 
received by the department shall include a minimum of 95% of all 
values required under section 804-D or 805-D and shall indicate 
where values are not applicable according to the determined form 
and format of the department.
(c)  Annual report.--By July 1 of each year, a hospital shall 
report to the department on facility fees charged or billed 
during the preceding calendar year. The department shall 
determine the form of the report and transmit notice to the 
Legislative Reference Bureau for publication in the next 
available issue of the Pennsylvania Bulletin. The report shall 
include, at a minimum:
(1)  The name and location of each health care facility 
owned or operated by the hospital that provides services for 
which a facility fee is charged or billed.
(2)  The number of patient visits at each health care 
facility for which a facility fee was charged or billed.
(3)  The number, total amount and types of allowable 
facility fees paid at each health care facility by Medicare, 
Medical Assistance and private insurance.
(4)  For each health care facility, the total number of 
facility fees charged and the total amount of revenue 
received by the hospital or health system derived from 
facility fees.
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30 (5)  The total amount of facility fees charged and the 
total amount of revenue received by the hospital or health 
system from all health care facilities derived from facility 
fees.
(6)  The 10 most frequent procedures or services, 
identified by Current Procedural Terminology Category I 
codes, provided by the hospital that generated the largest 
amount of facility fee gross revenue, including:
(i)  The volume of each procedure or service.
(ii)  The gross and net revenue totals for each 
procedure or service.
(iii)  The total net amount of revenue received by 
the hospital or health system derived from facility fees 
for each procedure or service.
(7)  The 10 most frequent procedures or services, 
identified by Current Procedural Terminology Category I 
codes, based on patient volume, provided by the hospital for 
which facility fees were billed or charged, including the 
gross and net revenue totals received for each procedure or 
service.
(8)  Any other information related to facility fees the 
department may require.
(d)  Attestation.--An authorized executive of a hospital or 
health system shall attest, subject to 18 Pa.C.S. § 4904 
(relating to unsworn falsification to authorities), that any 
report or list submitted to the department is complete and 
accurate to the best of the authorized executive's knowledge and 
belief.
(e)  Public availability.--The department shall make all 
reports and lists available on its publicly accessible Internet 
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30 website within 60 days of receipt of each report.
(f)  Applicability.--A health system may make the report for 
each hospital that it owns or operates, provided that each 
hospital has its own separate report.
Section 807-D.  Submission of complaints.
The department shall establish an electronic form for 
individuals to submit complaints for alleged violations of this 
chapter. The department shall post the electronic form on its 
publicly accessible Internet website. The department shall also 
accept complaints via a department customer service telephone 
number.
Section 808-D .    Plans of correction. 
Upon determining that a hospital has violated the provisions 
of this chapter or the regulations promulgated under section 
813-D ,   the department may issue a written notice to the hospital  
stating that a violation has been committed by the hospital. The 
following shall apply:
(1)  The department shall state in the written notice 
that the hospital is required to take immediate action to 
remedy the violation or, if the hospital is unable to 
immediately remedy the violation, submit a plan of correction 
to the department.
(2)  If the hospital is required to submit a plan of 
correction to the department under paragraph (1), the 
department may direct that the violation be remedied within a 
specified period of time. The hospital must submit the plan 
of correction within 30 days of the department's issuance of 
the written notice.
(3)  If the department determines that the hospital is 
required to take immediate corrective action, the department 
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required to provide prompt confirmation to the department 
that the corrective action has been taken.
Section 809-D.  Sanctions and penalties.
(a)  Grounds for sanctions.--The department may sanction a 
hospital for any of the following reasons:
(1)  Violating the provisions of this chapter or the 
regulations promulgated under section  	813-D. 
(2)   Failing to take immediate action to remedy a  
violation of the provisions of this chapter or regulations 
promulgated under section  	813-D. 
(3)   Failing to submit a plan of correction to the  
department or failing to comply with a plan of correction in 
accordance with section  	808-D . 
(4)  Violating an order previously issued by the 
department in a disciplinary matter.
(5)  Any other reason specified in this chapter or the 
regulations promulgated by the department under section  	813-D 
as necessary to implement this chapter.
(b)  Civil penalties.--The department may impose a civil 
penalty for conduct prohibited under subsection (a), with each 
day when a hospital engages in the conduct constituting a 
separate and distinct incident, as follows:
(1)  No more than $2,500 for a first incident.
(2)  No more than $5,000 for a second incident.
(3)  No more than $10,000 for a third incident.
(4)  No more than $15,000 for a fourth or subsequent 
incident.
(c)  Ineligibility.--A hospital that is sanctioned under 
subsection (a) for a third or subsequent offense shall be 
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30 ineligible to receive a payment from the uncompensated care 
payment program under Chapter 11 of the act of June 26, 2001 
(P.L.755, No.77), known as the Tobacco Settlement Act, for the 
fiscal year following the third or subsequent offense.
(d)  Audits.--The department may audit the publicly 
accessible Internet websites of hospitals to ensure compliance 
with this chapter.
(e)  General government appropriations.--Money received from 
civil penalties imposed by the department on a hospital shall be 
paid into the General Fund.
(f)  Administrative proceedings.--The department shall hold 
hearings and issue adjudications for proceedings conducted under 
this chapter in accordance with 2 Pa.C.S.   (relating to 
administrative law and procedure) and shall conduct the 
proceedings in accordance with 1 Pa. Code Pt. II   (relating to 
general rules of administrative practice and procedure).
(g)  Judicial appeals.--Department adjudications issued under 
this chapter may be appealed to Commonwealth Court under   42  
Pa.C.S. § 763  (relating to direct appeals from government  
agencies).
Section 810-D.  Readable format requirements.
For purposes of this chapter, the following shall apply to a 
hospital providing digital files in a readable format:
(1)  The hospital shall format the file without 
additional rows or spacing between data.
(2)  The file shall be readily usable without any 
additional instructions.
(3)  The file shall be in a readable format that is 
widely used by other hospitals for cross-comparison purposes.
Section 811-D.  Disclosure of facility fees.
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30 (a)  Notice.--A health care facility affiliated with or owned 
by a hospital that charges a facility fee shall disclose to a 
patient at the time an appointment is scheduled, and at the time 
medical services are rendered, that a facility fee may be 
charged.
(b)  Disclosure.--Disclosure of facility fees shall occur on 
a plain language notice as determined by the department. The 
department shall transmit the notice to the Legislative 
Reference Bureau for publication in the next available issue of 
the Pennsylvania Bulletin. The notice shall include, at a 
minimum:
(1)  The dollar amount of the patient's potential 
financial liability for a facility fee if a diagnosis and 
extent of medical treatment is known.
(2)  An estimated range in dollars of the patient's 
potential financial liability for a facility fee if the 
diagnosis and extent of medical treatment is unknown.
(3)  If applicable, a statement that the patient may 
incur a financial liability to the health care facility that 
the patient would not incur if the patient was receiving 
medical services and treatment on the campus of the hospital.
Section 812-D .   Reports. 
The department shall report annually on the progress in 
implementing and administering this chapter and submit the 
report to:
(1)  The chairperson and minority chairperson of the 
Appropriations Committee of the Senate.
(2)  The chairperson and minority chairperson of the 
Appropriations Committee of the House of Representatives.
(3)  The chairperson and minority chairperson of the 
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30 Health and Human Services Committee of the Senate.
(4)  The chairperson and minority chairperson of the 
Health Committee of the House of Representatives.
(5)  The chairperson and minority chairperson of the 
Human Services Committee of the House of Representatives.
Section 813-D .   Regulations. 
(a)  Temporary regulations.--In order to facilitate the 
prompt implementation of this chapter, regulations promulgated 
by the department shall be deemed temporary regulations that 
shall expire no later than two years following publication. 
Temporary regulations promulgated under this subsection shall 
not be subject to:
(1)    Section 612 of the act of April 9, 1929 (P.L.177,  
No.175), known as The Administrative Code of 1929.
(2)    Sections 201, 202, 203, 204 and 205 of the act of  
July 31, 1968 (P.L.769, No.240), referred to as the 
Commonwealth Documents Law.
(3)    Sections 204(b) and 301(10) of the act of October  
15, 1980 (P.L.950, No.164), known as the Commonwealth 
Attorneys Act.
(4)    The act of June 25, 1982 (P.L.633, No.181), known as  
the Regulatory Review Act.
(b)  Expiration.--The department's authority to adopt 
temporary regulations under subsection (a) shall expire two 
years after the effective date of this subsection. Regulations 
adopted after this period shall be promulgated as provided by 
law.
(c)  Publication.--The department shall begin submitting the 
temporary regulations to the Legislative Reference Bureau for 
publication in the next available issue of the Pennsylvania 
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30 Bulletin no later than six months after the effective date of 
this subsection.
(d)  Regulations.--The department shall promulgate 
regulations as provided by law prior to the expiration of the 
temporary regulations as necessary to implement this chapter.
CHAPTER 8-E
PROHIBITION ON COLLECTION ACTION OF DEBT
AGAINST PATIENTS FOR NONCOMPLIANT HOSPITALS
Section 801-E.  Purpose.
The purpose of this chapter is to provide for the prohibition 
on collection action of debt for noncompliant hospitals.
Section 802-E.  Definitions.
The following words and phrases when used in this chapter 
shall have the meanings given to them in this section unless the 
context clearly indicates otherwise:
"Collection action."  Any of the following actions taken with 
respect to a debt for an item or service that was purchased from 
or provided to a patient by a hospital on a date during which 
the hospital was not in material compliance with Chapter 8-D:
(1)  Attempting to collect a debt from a patient or 
patient guarantor by referring the debt, directly or 
indirectly, to a debt collector, a collection agency or other 
third party retained by or on behalf of the hospital.
(2)  Suing the patient or patient guarantor or enforcing 
an arbitration or mediation clause in a hospital document, 
including any contract, agreement, statement or bill.
(3)  Directly or indirectly causing a report to be made 
to a consumer reporting agency.
"Collection agency."  Any of the following:
(1)  A person that engages in a business for the 
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30 principal purpose of collecting debts.
(2)  A person that does any of the following:
(i)  Regularly collects or attempts to collect, 
directly or indirectly, debts owed or due or asserted to 
be owed or due to another.
(ii)  Takes assignment of debts for collection 
purposes.
(iii)  Directly or indirectly solicits for collection 
debts owed or due or asserted to be owed or due to 
another.
"Consumer reporting agency."  A person that, for monetary 
fees, dues or on a cooperative nonprofit basis, regularly 
engages, in whole or in part, in the practice of assembling or 
evaluating consumer credit information or other information on 
consumers for the purpose of furnishing consumer reports to 
third parties. The term includes "consumer reporting agency" as 
defined in 15 U.S.C. § 1681a(f) (relating to definitions; rules 
of construction). The term does not include a business entity 
that only provides check verification or check guarantee 
services.
"Debt."  An obligation or alleged obligation of a consumer to 
pay money arising out   of a transaction, whether or not the  
obligation has been reduced to judgment. The term does not 
include a debt for business, investment, commercial or 
agricultural purposes or a debt incurred by a business.
"Debt collector."  A person employed or engaged by a 
collection agency to perform the collection of debts owed or 
due, or asserted to be owed or due, to another.
"Hospital."  As defined in section 802.1.
"Item or service."  As defined in s 	ection 802-D. 
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30 Section 803-E.  Failure to comply with hospital price 
transparency.
(a)  Prohibition.--Except as provided under subsection (d), a 
hospital that is in violation of the requirements under Chapter 
8-D on the date when an item or service is purchased from or 
provided to a patient by the hospital may not initiate or pursue 
a collection action against the patient or patient guarantor for 
a debt owed for the item or service.
(b)  Civil action.--If a patient believes that a hospital is 
in violation of the requirements under Chapter 8-D on the date 
when an item or service is purchased from or provided to the 
patient and the hospital takes a collection action against the 
patient or patient guarantor, the patient or patient guarantor 
may initiate a civil action in a court of competent jurisdiction 
to determine if the hospital is in violation of Chapter 8-D and 
the noncompliance is related to the item or service. The 
hospital may not take a collection action against the patient or 
patient guarantor or submit a report to a patient's or patient 
guarantor's credit report while the civil action is pending.
(c)  Noncompliance.--A hospital that has been determined to 
be in violation of the requirements under Chapter 8-D shall:
(1)  refund the payor an amount of the debt the payor has 
paid and forgive any remaining debt of a payer relative to a 
violation of the requirements under Chapter 8-D;
(2)  dismiss or cause to be dismissed a civil action 
under subsection (b) with prejudice and pay any attorney fees 
and costs incurred by the patient or patient guarantor 
relating to the action; and
(3)  remove or cause to be removed from the patient's or 
patient guarantor's credit report a report made to a consumer 
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30 reporting agency relating to the debt.
(d)  Construction.--Nothing in this section shall be 
construed to:
(1)  prohibit a hospital from billing a patient, patient 
guarantor or third-party payor, including a health insurer, 
for an item or service provided to the patient in a manner 
that is not in violation of this chapter; or
(2)  require a hospital to refund a payment made to the 
hospital for an item or service provided to the patient if no 
collection action is taken in violation of this chapter.
Section 2.  This act shall take effect in 180 days.
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