Wyoming 2025 Regular Session

Wyoming House Bill HB0121 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		2025
2	2		STATE OF WYOMING
3		-	25LSO-0356
4		-	ENGROSSED
5		-	1HB0121
	3	+	25LSO-03561HB0121
6	4		HOUSE BILL NO. HB0121
7	5		Hospital pricing transparency.
8	6		Sponsored by: Representative(s) Singh, Andrew, Bear,
9	7		Haroldson, Harshman, Locke, Neiman and
10	8		Rodriguez-Williams and Senator(s) Biteman,
11	9		Hutchings, Laursen, D, Rothfuss and Salazar
12	10		A BILL
13	11		for
14	12		1 AN ACT relating to public health and safety; requiring
15	13		2 hospitals to list prices for medical items and services as
16	14		3 specified; requiring the department of health to monitor
17	15		4 and enforce the provisions of this act; providing
18	16		5 penalties; prohibiting collection actions as specified;
19	17		6 requiring recommendations for proposed legislation;
20	18		7 providing definitions; requiring rulemaking; making
21	19		8 conforming amendments; and providing for effective dates.
22	20		9
23	21		10
24	22		11
25	23		12. W.S. 35-2-1501 through 35-2-1511 are
26	24		13 created to read:
27		-	14 2025STATE OF WYOMING25LSO-0356
28		-	ENGROSSED
29		-	2HB0121
	25	+	14 2025STATE OF WYOMING25LSO-03562HB0121
30	26		1 ARTICLE 15
31	27		2 DISCLOSURE OF HOSPITAL PRICING
32	28		3
33	29		4
34	30		5
35	31		6 (a) This act shall be known and may be cited as the
36	32		7 "Hospital Price Transparency Act."
37	33		8
38	34		9 (b) The purpose of this act is to require hospitals
39	35		10 to disclose prices for certain items and services, to
40	36		11 provide civil penalties and to prohibit debt collection by
41	37		12 noncompliant facilities.
42	38		13
43	39		14
44	40		15
45	41		16 (a) As used in this act:
46	42		17
47	43		18 (i) "Ancillary service" means a facility item or
48	44		19 service that a facility customarily provides as part of a
49	45		20 shoppable service;
50	46		21
51	47		22 (ii) "Department" means the department of
52		-	23 health; 2025STATE OF WYOMING25LSO-0356
53		-	ENGROSSED
54		-	3HB01211
	48	+	23 health; 2025STATE OF WYOMING25LSO-03563HB01211
55	49		2 (iii) "De-identified maximum negotiated charge"
56	50		3 means the highest charge a facility has negotiated with all
57	51		4 third party payors for a facility item or service;
58	52		5
59	53		6 (iv) "De-identified minimum negotiated charge"
60	54		7 means the lowest charge a facility has negotiated with all
61	55		8 third party payors for a facility item or service;
62	56		9
63	57		10 (v) "Discounted cash price" means the charge
64	58		11 that applies to a person who pays cash, or a cash
65	59		12 equivalent, for a facility item or service;
66	60		13
67	61		14 (vi) "Facility" means a hospital licensed under
68	62		15 title 35 of the Wyoming statutes;
69	63		16
70	64		17 (vii) "Facility item or service" means all items
71	65		18 and services, including individual items and services and
72	66		19 service packages, that may be provided by a facility to a
73	67		20 patient in connection with an inpatient admission or an
74	68		21 outpatient department visit for which the facility has
75	69		22 established a standard charge, including:
76		-	23 2025STATE OF WYOMING25LSO-0356
77		-	ENGROSSED
78		-	4HB01211 (A) Supplies and procedures;
	70	+	23 2025STATE OF WYOMING25LSO-03564HB01211 (A) Supplies and procedures;
79	71		2
80	72		3 (B) Room and board;
81	73		4
82	74		5 (C) Use of the facility and other areas,
83	75		6 generally referred to as facility fees;
84	76		7
85	77		8 (D) Services of health care providers
86	78		9 employed by the facility, generally referred to as
87	79		10 professional charges;
88	80		11
89	81		12 (E) Any other item or service for which a
90	82		13 facility has established a standard charge.
91	83		14
92	84		15 (viii) "Gross charge" means the charge for a
93	85		16 facility item or service that is reflected on a facility's
94	86		17 list, less any discounts;
95	87		18
96	88		19 (ix) "Machine-readable format" means a digital
97	89		20 representation of information that can be imported or read
98	90		21 into a computer system for processing;
99		-	22 2025STATE OF WYOMING25LSO-0356
100		-	ENGROSSED
101		-	5HB01211 (x) "Payor-specific negotiated charge" means the
	91	+	22 2025STATE OF WYOMING25LSO-03565HB01211 (x) "Payor-specific negotiated charge" means the
102	92		2 charge that a facility has negotiated with a third party
103	93		3 payor for a facility item or service;
104	94		4
105	95		5 (xi) "Shoppable service" means a service that
106	96		6 may be scheduled by a patient in advance;
107	97		7
108	98		8 (xii) "Standard charge" means the regular rate
109	99		9 established by the facility for a facility item or service
110	100		10 provided to a specific group of paying patients. The term
111	101		11 includes all of the following:
112	102		12
113	103		13 (A) The gross charge;
114	104		14
115	105		15 (B) The payor-specific negotiated charge;
116	106		16
117	107		17 (C) The de-identified minimum negotiated
118	108		18 charge;
119	109		19
120	110		20 (D) The de-identified maximum negotiated
121	111		21 charge;
122	112		22
123		-	23 (E) The discounted cash price. 2025STATE OF WYOMING25LSO-0356
124		-	ENGROSSED
125		-	6HB01211
	113	+	23 (E) The discounted cash price. 2025STATE OF WYOMING25LSO-03566HB01211
126	114		2 (xiii) "Third-party payor" means a person that
127	115		3 is, by statute, contract or agreement, legally responsible
128	116		4 for payment of a claim for a facility item or service;
129	117		5
130	118		6 (xiv) "This act" means W.S. 35-2-1501 through
131	119		7 35-2-1511.
132	120		8
133	121		9
134	122		10
135	123		11
136	124		12 (a) Notwithstanding any other law, a facility shall
137	125		13 make public:
138	126		14
139	127		15 (i) A digital file in a machine-readable format
140	128		16 that contains a list of all standard charges, expressed in
141	129		17 dollar amounts, for all facility items or services as
142	130		18 described by W.S. 35-2-1504;
143	131		19
144	132		20 (ii) A consumer-friendly list of standard
145	133		21 charges for a limited set of shoppable services as provided
146	134		22 in W.S. 35-2-1505.
147		-	23 2025STATE OF WYOMING25LSO-0356
148		-	ENGROSSED
149		-	7HB01211
	135	+	23 2025STATE OF WYOMING25LSO-03567HB01211
150	136		2
151	137		3 (a) A facility shall:
152	138		4
153	139		5 (i) Maintain a list of all standard charges for
154	140		6 all facility items or services in accordance with this
155	141		7 section; and
156	142		8
157	143		9 (ii) Make the list required under paragraph (i)
158	144		10 of this subsection available at all times to the public,
159	145		11 including by posting the list in the manner provided by
160	146		12 this section.
161	147		13
162	148		14 (b) The standard charges contained in the list
163	149		15 required to be maintained by a facility under subsection
164	150		16 (a) of this section shall reflect the standard charges
165	151		17 applicable to that location of the facility, regardless of
166	152		18 whether the facility operates in more than one (1) location
167	153		19 or operates under the same license as another facility.
168	154		20
169	155		21 (c) The list required under subsection (a) of this
170	156		22 section shall include the following items, if applicable:
171		-	23 2025STATE OF WYOMING25LSO-0356
172		-	ENGROSSED
173		-	8HB01211 (i) A description of each facility item or
	157	+	23 2025STATE OF WYOMING25LSO-03568HB01211 (i) A description of each facility item or
174	158		2 service provided by the facility;
175	159		3
176	160		4 (ii) The following charges, expressed in dollar
177	161		5 amounts, for each individual facility item or service when
178	162		6 provided in either an inpatient setting or an outpatient
179	163		7 department setting:
180	164		8
181	165		9 (A) The gross charge;
182	166		10
183	167		11 (B) The de-identified minimum negotiated
184	168		12 charge;
185	169		13
186	170		14 (C) The de-identified maximum negotiated
187	171		15 charge;
188	172		16
189	173		17 (D) The discounted cash price;
190	174		18
191	175		19 (E) The payor-specific negotiated charge,
192	176		20 listed by the name of the third party payor and plan
193	177		21 associated with the charge and displayed in a manner that
194	178		22 clearly associates the charge with each third party payor
195		-	23 and plan; and 2025STATE OF WYOMING25LSO-0356
196		-	ENGROSSED
197		-	9HB01211
	179	+	23 and plan; and 2025STATE OF WYOMING25LSO-03569HB01211
198	180		2 (F) Any code used by the facility for
199	181		3 purposes of accounting or billing for the facility item or
200	182		4 service.
201	183		5
202	184		6 (d) The list required by subsection (a) of this
203	185		7 section shall be displayed in a prominent location on the
204	186		8 home page of the facility's publicly accessible website or
205	187		9 accessible through a link on that website. If the facility
206	188		10 operates multiple locations and maintains a single website,
207	189		11 the list shall be posted for each location the facility
208	190		12 operates in a manner that clearly associates the list with
209	191		13 the applicable location of the facility.
210	192		14
211	193		15 (e) The list required under subsection (a) of this
212	194		16 subsection shall:
213	195		17
214	196		18 (i) Be available:
215	197		19
216	198		20 (A) Free of charge;
217	199		21
218	200		22 (B) Without having to establish a user
219		-	23 account or password; 2025STATE OF WYOMING25LSO-0356
220		-	ENGROSSED
221		-	10HB01211
	201	+	23 account or password; 2025STATE OF WYOMING25LSO-035610HB01211
222	202		2 (C) Without having to submit personal
223	203		3 identifying information;
224	204		4
225	205		5 (D) Without having to enter a code to
226	206		6 access the list.
227	207		7
228	208		8 (ii) Be accessible to a common commercial
229	209		9 operator of an internet search engine to the extent
230	210		10 necessary for the search engine to index and display the
231	211		11 list as a result in response to a search query of a user of
232	212		12 the search engine;
233	213		13
234	214		14 (iii) Be formatted in a manner prescribed by the
235	215		15 department;
236	216		16
237	217		17 (iv) Be digitally searchable;
238	218		18
239	219		19 (v) Use the naming convention specified by the
240	220		20 centers for Medicare and Medicaid services.
241	221		21
242	222		22 (f) In prescribing the format for the list under
243		-	23 paragraph (e)(iii) of this section, the department shall: 2025STATE OF WYOMING25LSO-0356
244		-	ENGROSSED
245		-	11HB01211
	223	+	23 paragraph (e)(iii) of this section, the department shall: 2025STATE OF WYOMING25LSO-035611HB01211
246	224		2 (i) Develop a template that each facility shall
247	225		3 use in formatting the list;
248	226		4
249	227		5 (ii) Consider any applicable federal guidelines
250	228		6 for formatting similar lists required by federal law or
251	229		7 rule and ensure that the design of the template enables
252	230		8 health care researchers to compare the charges contained in
253	231		9 the lists maintained by each facility; and
254	232		10
255	233		11 (iii) Design the template to be substantially
256	234		12 similar to the template used by the centers for Medicare
257	235		13 and Medicaid services for purposes similar to those of this
258	236		14 act, if the department determines that designing the
259	237		15 template in that manner serves the purposes of paragraph
260	238		16 (ii) of this subsection and that the department benefits
261	239		17 from developing and requiring that substantially similar
262	240		18 design.
263	241		19
264	242		20 (g) Each facility shall update the list required by
265	243		21 subsection (a) of this section not less than annually. Each
266	244		22 facility shall clearly indicate the date on which the list
267		-	23 was updated. 2025STATE OF WYOMING25LSO-0356
268		-	ENGROSSED
269		-	12HB01211
	245	+	23 was updated. 2025STATE OF WYOMING25LSO-035612HB01211
270	246		2
271	247		3
272	248		4
273	249		5 (a) A facility shall maintain and make publicly
274	250		6 available a list of the standard charges described by W.S.
275	251		7 35-2-1504(c) for not less than three hundred (300)
276	252		8 shoppable services provided by the facility. Each facility
277	253		9 may select the shoppable services to be included in the
278	254		10 list, except that the list shall include:
279	255		11
280	256		12 (i) The seventy (70) services specified by the
281	257		13 centers for Medicare and Medicaid services in 45 C.F.R.
282	258		14 part 180; or
283	259		15
284	260		16 (ii) If the facility does not provide all of the
285	261		17 shoppable services described by paragraph (i) of this
286	262		18 subsection, as many of those shoppable services as the
287	263		19 facility does provide. Services that are not provided but
288	264		20 are Medicare and Medicaid listed services shall be
289	265		21 identified by the facility; and
290		-	22 2025STATE OF WYOMING25LSO-0356
291		-	ENGROSSED
292		-	13HB01211 (iii) State each location where a facility
	266	+	22 2025STATE OF WYOMING25LSO-035613HB01211 (iii) State each location where a facility
293	267		2 provides the shoppable service and whether the standard
294	268		3 charges included in the list apply at that location to the
295	269		4 provision of that shoppable service in an inpatient
296	270		5 setting, an outpatient department setting or in both of
297	271		6 those settings.
298	272		7
299	273		8 (b) In selecting a shoppable service for purposes of
300	274		9 inclusion in the list required by subsection (a) of this
301	275		10 section, a facility shall:
302	276		11
303	277		12 (i) Consider how frequently the facility
304	278		13 provides the services and the facility's billing rate for
305	279		14 that service; and
306	280		15
307	281		16 (ii) Prioritize the selection of services that
308	282		17 are among the services most frequently provided by the
309	283		18 facility.
310	284		19
311	285		20 (c) The list required by subsection (a) of this
312	286		21 section shall be:
313		-	22 2025STATE OF WYOMING25LSO-0356
314		-	ENGROSSED
315		-	14HB01211 (i) Displayed in a manner prescribed by W.S.
	287	+	22 2025STATE OF WYOMING25LSO-035614HB01211 (i) Displayed in a manner prescribed by W.S.
316	288		2 35-2-1504(d);
317	289		3
318	290		4 (ii) Available:
319	291		5
320	292		6 (A) Free of charge;
321	293		7
322	294		8 (B) Without having to register or establish
323	295		9 a user account or password;
324	296		10
325	297		11 (C) Without having to submit personal
326	298		12 identifying information; and
327	299		13
328	300		14 (D) Without having to enter a code to
329	301		15 access the list.
330	302		16
331	303		17 (iii) Searchable by service description, billing
332	304		18 code and third party payor;
333	305		19
334	306		20 (iv) Updated in the manner prescribed by W.S.
335	307		21 35-2-1504(g);
336		-	22 2025STATE OF WYOMING25LSO-0356
337		-	ENGROSSED
338		-	15HB01211 (v) Accessible to a common commercial operation
	308	+	22 2025STATE OF WYOMING25LSO-035615HB01211 (v) Accessible to a common commercial operation
339	309		2 of an internet search engine to the extent necessary for
340	310		3 the search engine to index and display the list as a result
341	311		4 in response to a search query of a user of the search
342	312		5 engine; and
343	313		6
344	314		7 (vi) Formatted in a manner that is consistent
345	315		8 with the format prescribed by the department under W.S.
346	316		9 35-2-1504(e)(iii).
347	317		10
348	318		11
349	319		12
350	320		13 Each time a facility updates a list as required by W.S.
351	321		14 35-2-1504(g) and 35-2-1505(c)(iv), the facility shall
352	322		15 submit the updated list to the department. The department
353	323		16 shall prescribe the form in which the updated list shall be
354	324		17 submitted to the department.
355	325		18
356	326		19
357	327		20
358	328		21 (a) The department shall monitor each facility's
359	329		22 compliance with the requirements of this act using any of
360		-	23 the following methods: 2025STATE OF WYOMING25LSO-0356
361		-	ENGROSSED
362		-	16HB0121
	330	+	23 the following methods: 2025STATE OF WYOMING25LSO-035616HB0121
363	331		1
364	332		2 (i) Evaluating complaints made by persons to the
365	333		3 department regarding noncompliance with the act;
366	334		4
367	335		5 (ii) Reviewing any analysis prepared regarding
368	336		6 noncompliance with this act;
369	337		7
370	338		8 (iii) Auditing the websites of facilities for
371	339		9 compliance with this act;
372	340		10
373	341		11 (iv) Confirming that each facility submitted the
374	342		12 lists as required by W.S. 35-2-1506.
375	343		13
376	344		14 (b) Notwithstanding any provision of law to the
377	345		15 contrary, in considering an application for renewal of a
378	346		16 facility's license or certificate, the department shall
379	347		17 consider whether a facility is or has been in compliance
380	348		18 with this act.
381	349		19
382	350		20
383	351		21
384		-	22 2025STATE OF WYOMING25LSO-0356
385		-	ENGROSSED
386		-	17HB01211 (a) A facility materially violates this act if the
	352	+	22 2025STATE OF WYOMING25LSO-035617HB01211 (a) A facility materially violates this act if the
387	353		2 facility fails to:
388	354		3
389	355		4 (i) Comply with the requirements of W.S.
390	356		5 35-2-1503; or
391	357		6
392	358		7 (ii) Publicize the facility's standard charges
393	359		8 in the form and manner required by W.S. 35-2-1504 and
394	360		9 35-2-1505.
395	361		10
396	362		11 (b) If the department determines that a facility has
397	363		12 materially violated this act, the department shall issue a
398	364		13 material violation notice to the facility and request that
399		-	14 the facility submit a corrective action plan within thirty
400		-	15 (30) days of receiving the material violation notice. The
401		-	16 notice shall indicate the form and manner that the
402		-	17 corrective action plan shall be submitted to the department
403		-	18 and shall clearly state the date by which the facility
404		-	19 shall submit the plan.
405		-	20
406		-	21 (c) The facility that receives a notice under
407		-	22 subsection (b) of this section shall:
408		-	23 2025STATE OF WYOMING25LSO-0356
409		-	ENGROSSED
410		-	18HB01211 (i) Submit a corrective action plan in the form
	365	+	14 the facility submit a corrective action plan. The notice
	366	+	15 shall indicate the form and manner that the corrective
	367	+	16 action plan shall be submitted to the department and shall
	368	+	17 clearly state the date by which the facility shall submit
	369	+	18 the plan.
	370	+	19
	371	+	20 (c) The facility that receives a notice under
	372	+	21 subsection (b) of this section shall:
	373	+	22 2025STATE OF WYOMING25LSO-035618HB01211 (i) Submit a corrective action plan in the form
411	374		2 and manner, and by the specified date, prescribed by the
412	375		3 notice of violation; and
413	376		4
414		-	5 (ii) Act to comply with the plan within thirty
415		-	6 (30) days of submitting the plan to the department.
416		-	7
417		-	8 (d) A corrective action plan submitted to the
418		-	9 department shall:
419		-	10
420		-	11 (i) Describe in detail the corrective action the
421		-	12 facility will take to address any violation identified by
422		-	13 the department in the notice provided under subsection (b)
423		-	14 of this section; and
424		-	15
425		-	16 (ii) Provide a date by which the facility will
426		-	17 complete the corrective action plan.
427		-	18
428		-	19 (e) A corrective action plan is subject to review and
429		-	20 approval by the department. After the department reviews
430		-	21 and approves a facility's corrective action plan, the
431		-	22 department shall monitor and evaluate the facility's
432		-	23 compliance with the plan. 2025STATE OF WYOMING25LSO-0356
433		-	ENGROSSED
434		-	19HB0121
435		-	1
436		-	2 (f) A facility is considered to have failed to
437		-	3 respond to the department's request to submit a corrective
438		-	4 action plan if the facility fails to submit a corrective
439		-	5 action plan:
440		-	6
441		-	7 (i) In the form and manner specified in the
442		-	8 notice under subsection (b) of this section; or
	377	+	5 (ii) As soon as practicable after submission of
	378	+	6 a corrective action plan to the department and after
	379	+	7 department approval under subsection (e) of this section,
	380	+	8 act to comply with the plan.
443	381		9
444		-	10 (ii) By the ~~date specified in the notice~~
445		-	11 ~~provided in subsection (b) of this section.~~
	382	+	10 (d) A corrective action plan submitted to the
	383	+	11 department shall:
446	384		12
447		-	13 (g) ~~A facility is considered to have failed to comply~~
448		-	14 ~~with a corrective action plan if the~~ facility ~~fails~~ to
449		-	15 ~~address a violation within~~ the ~~specified period of time~~
450		-	16 ~~contained in the plan.~~
	385	+	13 (i) Describe in detail the corrective action the
	386	+	14 facility will take to address any violation identified by
	387	+	15 the department in the notice provided under subsection (b)
	388	+	16 of this section; and
451	389		17
452		-	18
453		-	19
454		-	20 ~~(a) The department shall impose a civil penalty on a~~
455		-	21 ~~facility if~~ a ~~facility fails~~ to:
456		-	22 ~~2025STATE OF WYOMING25LSO-0356~~
457		-	~~ENGROSSED~~
458		-	~~20HB01211 (i) Respond to~~ the ~~department~~'s ~~notice to submit~~
459		-	2 ~~a corrective action~~ plan~~; or~~
	390	+	18 (ii) Provide a date by which the facility will
	391	+	19 complete the corrective action plan.
	392	+	20
	393	+	21 (e) A corrective action plan is subject to review and
	394	+	22 approval by the department. After the department reviews
	395	+	23 and approves a facility's corrective action plan, the 2025STATE OF WYOMING25LSO-035619HB0121
	396	+	1 department shall monitor and evaluate the facility's
	397	+	2 compliance with the plan.
460	398		3
461		-	4 (ii) Comply with the requirements of a
462		-	5 corrective action plan submitted to the department.
463		-	6
464		-	7 (b) The department shall impose a civil penalty on a
465		-	8 facility of:
466		-	9
467		-	10 (i) For facilities categorized as critical
468		-	11 access hospitals:
469		-	12
470		-	13 (A) For a first offense, one hundred
471		-	14 dollars ($100.00) per day for each day a facility fails to
472		-	15 comply with subsection (a) of this section;
473		-	16
474		-	17 (B) For a second offense, five hundred
475		-	18 dollars ($500.00) per day for each day a facility fails to
476		-	19 comply with subsection (a) of this section;
477		-	20
478		-	21 (C) For a third or subsequent offense, one
479		-	22 thousand dollars ($1,000.00) per day for each day a 2025STATE OF WYOMING25LSO-0356
480		-	ENGROSSED
481		-	21HB0121
482		-	1 facility fails to comply with subsection (a) of this
483		-	2 section.
484		-	3
485		-	4 (ii) For all other facilities, one thousand
486		-	5 dollars ($1,000.00) per day for each day a facility fails
487		-	6 to comply with subsection (a) of this section.
488		-	7
489		-	8 (c) Beginning October 1, 2025, the department shall
490		-	9 create and maintain a publicly available list on its
491		-	10 website of facilities that have been found in violation of
492		-	11 this act, that have been issued a civil penalty or sent a
493		-	12 warning notice and that have been sent a request for a
494		-	13 corrective action plan from the department. Such penalties,
495		-	14 notices and communications shall be subject to public
496		-	15 disclosure under 5 U.S.C. § 552, notwithstanding any
497		-	16 exemptions or exclusions to the contrary, in full without
498		-	17 redaction. The list required by this subsection shall be
499		-	18 updated every thirty (30) days.
	399	+	4 (f) A facility is considered to have failed to
	400	+	5 respond to the department's request to submit a corrective
	401	+	6 action plan if the facility fails to submit a corrective
	402	+	7 action plan:
	403	+	8
	404	+	9 (i) In the form and manner specified in the
	405	+	10 notice under subsection (b) of this section; or
	406	+	11
	407	+	12 (ii) By the date specified in the notice
	408	+	13 provided in subsection (b) of this section.
	409	+	14
	410	+	15 (g) A facility is considered to have failed to comply
	411	+	16 with a corrective action plan if the facility fails to
	412	+	17 address a violation within the specified period of time
	413	+	18 contained in the plan.
500	414		19
501	415		20
502	416		21
503		-	22 The department shall propose to the legislature any
504		-	23 necessary recommendations for amending this act, including 2025STATE OF WYOMING25LSO-0356
505		-	ENGROSSED
506		-	22HB0121
507		-	1 recommendations in response to amendments by the centers
508		-	2 for Medicare and Medicaid services to 45 C.F.R. Part 180.
	417	+	22 (a) The department shall impose a civil penalty on a
	418	+	23 facility if a facility fails to: 2025STATE OF WYOMING25LSO-035620HB0121
	419	+	1
	420	+	2 (i) Respond to the department's notice to submit
	421	+	3 a corrective action plan; or
	422	+	4
	423	+	5 (ii) Comply with the requirements of a
	424	+	6 corrective action plan submitted to the department.
	425	+	7
	426	+	8 (b) The department shall impose a civil penalty on a
	427	+	9 facility of one thousand dollars ($1,000.00) per day for
	428	+	10 each day a facility fails to comply with subsection (a) of
	429	+	11 this section.
	430	+	12
	431	+	13 (c) Beginning October 1, 2025, the department shall
	432	+	14 create and maintain a publicly available list on its
	433	+	15 website of facilities that have been found in violation of
	434	+	16 this act, that have been issued a civil penalty or sent a
	435	+	17 warning notice and that have been sent a request for a
	436	+	18 corrective action plan from the department. Such penalties,
	437	+	19 notices and communications shall be subject to public
	438	+	20 disclosure under 5 U.S.C. § 552, notwithstanding any
	439	+	21 exemptions or exclusions to the contrary, in full without
	440	+	22 redaction. The list required by this subsection shall be
	441	+	23 updated every thirty (30) days. 2025STATE OF WYOMING25LSO-035621HB0121
	442	+	1
	443	+	2
509	444		3
	445	+	4 The department shall propose to the legislature any
	446	+	5 necessary recommendations for amending this act, including
	447	+	6 recommendations in response to amendments by the centers
	448	+	7 for Medicare and Medicaid services to 45 C.F.R. Part 180.
	449	+	8
	450	+	9
	451	+	10
	452	+	11
	453	+	12 (a) As used in this section:
	454	+	13
	455	+	14 (i) "Collection action" means any of the
	456	+	15 following actions taken with respect to a debt for items
	457	+	16 and services that were purchased from or provided to a
	458	+	17 patient by a facility on a date during which the facility
	459	+	18 was in material noncompliance with this act:
	460	+	19
	461	+	20 (A) Attempting to collect a debt from a
	462	+	21 patient or patient guarantor by referring the debt,
	463	+	22 directly or indirectly, to a debt collector, a collection 2025STATE OF WYOMING25LSO-035622HB0121
	464	+	1 agency or a third party payor retained by or on behalf of
	465	+	2 the facility;
	466	+	3
	467	+	4 (B) Suing the patient or patient guarantor,
	468	+	5 or enforcing an arbitration or mediation agreement; or
	469	+	6
	470	+	7 (C) Directly or indirectly causing a report
	471	+	8 to be made to a consumer reporting agency.
	472	+	9
	473	+	10 (ii) "Collection agency" means any:
	474	+	11
	475	+	12 (A) Person who engages in a business the
	476	+	13 principal purpose of which is the collection of debts; or
	477	+	14
	478	+	15 (B) Person who:
	479	+	16
	480	+	17 (I) Regularly collects or attempts to
	481	+	18 collect, directly or indirectly, debts owed, due or
	482	+	19 asserted to be owed or due to another;
	483	+	20
	484	+	21 (II) Takes assignment of debts for
	485	+	22 collection purposes; or
	486	+	23 2025STATE OF WYOMING25LSO-035623HB01211 (III) Directly or indirectly solicits
	487	+	2 for collection debts owed, due or asserted to be owed or
	488	+	3 due to another.
510	489		4
511		-	5
	490	+	5 (iii) "Consumer reporting agency" means any
	491	+	6 person who, for monetary fees, dues or on a cooperative
	492	+	7 nonprofit basis, regularly engages, in whole or in part, in
	493	+	8 the practice of assembling or evaluating consumer credit
	494	+	9 information or other information on consumers for the
	495	+	10 purpose of furnishing consumer reports to third parties.
	496	+	11 "Consumer reporting agency" includes any person defined in
	497	+	12 15 U.S.C. § 1681a(f). "Consumer reporting agency" shall not
	498	+	13 include any business entity that provides check
	499	+	14 verification or check guarantee services only;
	500	+	15
	501	+	16 (iv) "Debt" means any obligation or alleged
	502	+	17 obligation of a consumer to pay money arising out of a
	503	+	18 transaction, whether or not the obligation has been reduced
	504	+	19 to a judgment. "Debt" shall not include a debt for
	505	+	20 business, investment, commercial or agricultural purposes;
	506	+	21
	507	+	22 (v) "Debt collector" means any person employed
	508	+	23 or engaged by a collection agency to perform the collection 2025STATE OF WYOMING25LSO-035624HB0121
	509	+	1 of debts owed, due or asserted to be owed or due to
	510	+	2 another.
	511	+	3
	512	+	4 (b) A facility that is in material noncompliance with
	513	+	5 this act on the date that items and services are purchased
	514	+	6 from or provided to a patient by the facility shall not
	515	+	7 initiate or pursue a collection action against the patient
	516	+	8 or patient guarantor for a debt owed for the item or
	517	+	9 services.
	518	+	10
	519	+	11 (c) If a patient provides documentation that a
	520	+	12 facility was in material noncompliance with this act on a
	521	+	13 date that items or services were purchased by or provided
	522	+	14 to the patient, and the facility takes collection action
	523	+	15 against the patient or patient guarantor, the patient or
	524	+	16 patient guarantor may file suit to determine if the
	525	+	17 facility was materially out of compliance with this act on
	526	+	18 the date of service, and the noncompliance is related to
	527	+	19 the items and services. The facility shall not take a
	528	+	20 collection action against the patient or patient guarantor
	529	+	21 while the lawsuit is pending.
	530	+	22 2025STATE OF WYOMING25LSO-035625HB01211 (d) A facility that has been found by a court of
	531	+	2 competent jurisdiction to be materially out of compliance
	532	+	3 with this act:
	533	+	4
	534	+	5 (i) Shall refund the payor any amount of the
	535	+	6 debt the payor has paid and shall pay a penalty to the
	536	+	7 patient or patient guarantor in an amount equal to the
	537	+	8 total amount of the debt;
	538	+	9
	539	+	10 (ii) Shall dismiss or cause to be dismissed any
	540	+	11 court action with prejudice and pay any attorney fees and
	541	+	12 costs incurred by the patient or patient guarantor relating
	542	+	13 to the action; and
	543	+	14
	544	+	15 (iii) Remove or cause to be removed from the
	545	+	16 patient or patient guarantor's credit report any report
	546	+	17 made to a consumer reporting agency relating to the debt.
	547	+	18
	548	+	19 (e) Nothing in this section:
	549	+	20
	550	+	21 (i) Prohibits a facility from billing a patient,
	551	+	22 patient guarantor or third party payor for items or
	552	+	23 services provided to the patient; or 2025STATE OF WYOMING25LSO-035626HB0121
	553	+	1
	554	+	2 (ii) Requires a facility to refund any payment
	555	+	3 made to the facility for items or services provided to the
	556	+	4 patient, provided no collection action is taken in
	557	+	5 violation of this section.
512	558		6
513		-	7 (a) As used in this section:
514		-	8
515		-	9 (i) "Collection action" means any of the
516		-	10 following actions taken with respect to a debt for items
517		-	11 and services that were purchased from or provided to a
518		-	12 patient by a facility on a date during which the facility
519		-	13 was in material noncompliance with this act:
520		-	14
521		-	15 (A) Attempting to collect a debt from a
522		-	16 patient or patient guarantor by referring the debt,
523		-	17 directly or indirectly, to a debt collector, a collection
524		-	18 agency or a third party payor retained by or on behalf of
525		-	19 the facility;
526		-	20
527		-	21 (B) Suing the patient or patient guarantor,
528		-	22 or enforcing an arbitration or mediation agreement; or
529		-	23 2025STATE OF WYOMING25LSO-0356
530		-	ENGROSSED
531		-	23HB01211 (C) Directly or indirectly causing a report
532		-	2 to be made to a consumer reporting agency.
533		-	3
534		-	4 (ii) "Collection agency" means any:
535		-	5
536		-	6 (A) Person who engages in a business the
537		-	7 principal purpose of which is the collection of debts; or
538		-	8
539		-	9 (B) Person who:
	559	+	7. W.S. 35‑2‑905(a) by creating a new
	560	+	8 paragraph (vi) is amended to read:
	561	+	9
540	562		10
541		-	11 (I) Regularly collects or attempts to
542		-	12 collect, directly or indirectly, debts owed, due or
543		-	13 asserted to be owed or due to another;
544		-	14
545		-	15 (II) Takes assignment of debts for
546		-	16 collection purposes; or
547		-	17
548		-	18 (III) Directly or indirectly solicits
549		-	19 for collection debts owed, due or asserted to be owed or
550		-	20 due to another.
551		-	21
552		-	22 (iii) "Consumer reporting agency" means any
553		-	23 person who, for monetary fees, dues or on a cooperative 2025STATE OF WYOMING25LSO-0356
554		-	ENGROSSED
555		-	24HB0121
556		-	1 nonprofit basis, regularly engages, in whole or in part, in
557		-	2 the practice of assembling or evaluating consumer credit
558		-	3 information or other information on consumers for the
559		-	4 purpose of furnishing consumer reports to third parties.
560		-	5 "Consumer reporting agency" includes any person defined in
561		-	6 15 U.S.C. § 1681a(f). "Consumer reporting agency" shall not
562		-	7 include any business entity that provides check
563		-	8 verification or check guarantee services only;
564		-	9
565		-	10 (iv) "Debt" means any obligation or alleged
566		-	11 obligation of a consumer to pay money arising out of a
567		-	12 transaction, whether or not the obligation has been reduced
568		-	13 to a judgment. "Debt" shall not include a debt for
569		-	14 business, investment, commercial or agricultural purposes;
570		-	15
571		-	16 (v) "Debt collector" means any person employed
572		-	17 or engaged by a collection agency to perform the collection
573		-	18 of debts owed, due or asserted to be owed or due to
574		-	19 another.
575		-	20
576		-	21 (b) A facility that is in material noncompliance with
577		-	22 this act on the date that items and services are purchased
578		-	23 from or provided to a patient by the facility shall not 2025STATE OF WYOMING25LSO-0356
579		-	ENGROSSED
580		-	25HB0121
581		-	1 initiate or pursue a collection action against the patient
582		-	2 or patient guarantor for a debt owed for the item or
583		-	3 services.
584		-	4
585		-	5 (c) If a patient provides documentation that a
586		-	6 facility was in material noncompliance with this act on a
587		-	7 date that items or services were purchased by or provided
588		-	8 to the patient, and the facility takes collection action
589		-	9 against the patient or patient guarantor, the patient or
590		-	10 patient guarantor may file suit to determine if the
591		-	11 facility was materially out of compliance with this act on
592		-	12 the date of service, and the noncompliance is related to
593		-	13 the items and services. The facility shall not take a
594		-	14 collection action against the patient or patient guarantor
595		-	15 while the lawsuit is pending.
596		-	16
597		-	17 (d) A facility that has been found by a court of
598		-	18 competent jurisdiction to be materially out of compliance
599		-	19 with this act:
600		-	20
601		-	21 (i) Shall refund the payor any amount of the
602		-	22 debt the payor has paid and shall pay a penalty to the 2025STATE OF WYOMING25LSO-0356
603		-	ENGROSSED
604		-	26HB0121
605		-	1 patient or patient guarantor in an amount equal to the
606		-	2 total amount of the debt;
607		-	3
608		-	4 (ii) Shall dismiss or cause to be dismissed any
609		-	5 court action with prejudice and pay any attorney fees and
610		-	6 costs incurred by the patient or patient guarantor relating
611		-	7 to the action; and
612		-	8
613		-	9 (iii)Remove or cause to be removed from the
614		-	10 patient or patient guarantor's credit report any report
615		-	11 made to a consumer reporting agency relating to the debt.
	563	+	11
616	564		12
617		-	13 (e) Nothing in this section:
618		-	14
619		-	15 (i) Prohibits a facility from billing a patient,
620		-	16 patient guarantor or third party payor for items or
621		-	17 services provided to the patient; or
622		-	18
623		-	19 (ii) Requires a facility to refund any payment
624		-	20 made to the facility for items or services provided to the
625		-	21 patient, provided no collection action is taken in
626		-	22 violation of this section.
627		-	23 2025STATE OF WYOMING25LSO-0356
628		-	ENGROSSED
629		-	27HB01211. W.S. 35‑2‑905(a) by creating a new
630		-	2 paragraph (vi) is amended to read:
631		-	3
632		-	4
633		-	5
634		-	6
635		-	7 (a) The division may place conditions upon a license,
636		-	8 install a division approved monitor or manager at the
637		-	9 owner's or operator's expense, suspend admissions, or deny,
638		-	10 suspend or revoke a license issued under this act if a
639		-	11 licensee:
640		-	12
641		-	13
642		-	14
643		-	15
644		-	16The department of health shall promulgate
645		-	17 all rules necessary to implement this act.
	565	+	13 (a) The division may place conditions upon a license,
	566	+	14 install a division approved monitor or manager at the
	567	+	15 owner's or operator's expense, suspend admissions, or deny,
	568	+	16 suspend or revoke a license issued under this act if a
	569	+	17 licensee:
646	570		18
647	571		19
648		-	20 2025STATE OF WYOMING25LSO-0356
649		-	ENGROSSED
650		-	28HB01211 (a) Except as otherwise provided by subsection (b) of
651		-	2 this section, this act is effective July 1, 2025.
	572	+	20
	573	+	21
	574	+	22The department of health shall promulgate
	575	+	23 all rules necessary to implement this act. 2025STATE OF WYOMING25LSO-035627HB01211
	576	+	2
652	577		3
653		-	4 (b) Sections 3 and 4 of this act are effective
654		-	5 immediately upon completion of all acts necessary for a
655		-	6 bill to become law as provided by Article 4, Section 8 of
656		-	7 the Wyoming Constitution.
657		-	8
658		-	9 (END)
	578	+	4 (a) Except as otherwise provided by subsection (b) of
	579	+	5 this section, this act is effective July 1, 2025.
	580	+	6
	581	+	7 (b) Sections 3 and 4 of this act are effective
	582	+	8 immediately upon completion of all acts necessary for a
	583	+	9 bill to become law as provided by Article 4, Section 8 of
	584	+	10 the Wyoming Constitution.
	585	+	11
	586	+	12 (END)