S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7005
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, the  general  business
   law and the public health law, in relation to medical debt
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 5201 of the civil  practice  law
 and rules is amended to read as follows:
   (a) Debt against which a money judgment may be enforced. A money judg-
 ment may be enforced against any debt, which is past due or which is yet
 to  become due, certainly or upon demand of the judgment debtor, whether
 it was incurred within or without the state, to or from  a  resident  or
 non-resident,  unless  it is exempt from application to the satisfaction
 of the judgment. A debt may consist of a cause of action which could  be
 assigned  or  transferred accruing within or without the state. NO MONEY
 JUDGMENT SHALL BE SOUGHT, ENTERED, OR ENFORCED IN AN ACTION ARISING FROM
 NON-PAYMENT OF FACILITY ITEMS AND SERVICES BY A PATIENT OR PATIENT GUAR-
 ANTOR THAT IS BROUGHT BY A FACILITY, AS DEFINED  UNDER  SECTION  TWENTY-
 EIGHT  HUNDRED  THIRTY-ONE OF THE PUBLIC HEALTH LAW, THAT IS IN MATERIAL
 NONCOMPLIANCE WITH SECTION TWENTY-EIGHT HUNDRED THIRTY-ONE OF THE PUBLIC
 HEALTH LAW ON THE DATE THAT THE RELEVANT FACILITY ITEMS OR SERVICES  ARE
 PURCHASED  FROM  A  PROVIDER  TO  A  PATIENT BY THE FACILITY IN MATERIAL
 NONCOMPLIANCE.
   § 2. Section 7501 of the civil practice law and rules, as  amended  by
 chapter 532 of the laws of 1963, is amended to read as follows:
   § 7501. Effect of arbitration agreement. A written agreement to submit
 any  controversy thereafter arising or any existing controversy to arbi-
 tration is enforceable without regard to the  justiciable  character  of
 the  controversy  and confers jurisdiction on the courts of the state to
 enforce it and to enter judgment on an award. In determining any  matter
 arising  under  this  article,  the court shall not consider whether the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11445-01-3
              

 S. 7005                             2
 
 claim with respect to which arbitration is sought is tenable, or  other-
 wise  pass upon the merits of the dispute. NO FACILITY, AS DEFINED UNDER
 SECTION TWENTY-EIGHT HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW,  SHALL
 ENFORCE  AN  ARBITRATION  AGREEMENT  OR CLAUSE IN ANY FACILITY DOCUMENT,
 INCLUDING CONTRACTS, AGREEMENTS, STATEMENTS,  OR  BILLS,  IN  AN  ACTION
 ARISING  FROM PATIENT OR PATIENT GUARANTOR NON-PAYMENT OF FACILITY ITEMS
 OR SERVICES, IF THAT FACILITY IS IN MATERIAL NONCOMPLIANCE WITH  SECTION
 TWENTY-EIGHT  HUNDRED  THIRTY-ONE  OF  THE PUBLIC HEALTH LAW ON THE DATE
 THAT THE RELEVANT FACILITY  ITEMS  OR  SERVICES  ARE  PURCHASED  FROM  A
 PROVIDER TO A PATIENT BY THE FACILITY IN MATERIAL NONCOMPLIANCE.
   §  3. Section 601 of the general business law is amended by adding two
 new subdivisions 12 and 13 to read as follows:
   12. ATTEMPT TO COLLECT A MEDICAL DEBT, OR DEBT ARISING FROM NONPAYMENT
 OF FACILITY ITEMS AND SERVICES, FROM A PATIENT OR PATIENT  GUARANTOR  BY
 REFERRING  THE DEBT, DIRECTLY OR INDIRECTLY, TO A DEBT COLLECTOR OR DEBT
 COLLECTION AGENCY IF THE PRINCIPAL CREDITOR IS A FACILITY, AS DEFINED BY
 SECTION TWENTY-EIGHT HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, OR  AN
 AFFILIATE,  THAT  IS IN MATERIAL NONCOMPLIANCE WITH SECTION TWENTY-EIGHT
 HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW ON THE DATE THAT  THE  RELE-
 VANT  FACILITY  ITEMS  OR  SERVICES  ARE  PURCHASED FROM A PROVIDER TO A
 PATIENT BY THE FACILITY; OR
   13. DISCLOSE OR  CAUSE  TO  BE  DISCLOSED  INFORMATION  AFFECTING  THE
 DEBTOR'S REPUTATION FOR CREDIT WORTHINESS, INCLUDING TO A CONSUMER CRED-
 IT  REPORTING  AGENCY AS DEFINED IN ARTICLE TWENTY-FIVE OF THIS CHAPTER,
 IF THE PRINCIPAL CREDITOR IS A FACILITY, AS DEFINED BY  SECTION  TWENTY-
 EIGHT HUNDRED THIRTY-ONE OF THE PUBLIC HEALTH LAW, OR AN AFFILIATE, THAT
 IS  IN  MATERIAL NONCOMPLIANCE WITH SECTION TWENTY-EIGHT HUNDRED THIRTY-
 ONE OF THE PUBLIC HEALTH LAW ON THE  DATE  THAT  THE  RELEVANT  FACILITY
 ITEMS  OR  SERVICES  ARE  PURCHASED  FROM A PROVIDER TO A PATIENT BY THE
 FACILITY, AND THE ACTION AROSE FROM PATIENT OR  PATIENT  GUARANTOR  NON-
 PAYMENT OF FACILITY ITEMS OR SERVICES.
   §  4. The public health law is amended by adding a new section 2831 to
 read as follows:
   § 2831. THE HOSPITAL PRICE  TRANSPARENCY  ACT.  1.  AS  USED  IN  THIS
 SECTION:
   (A) "ANCILLARY SERVICE" MEANS A FACILITY ITEM OR SERVICE THAT A FACIL-
 ITY  CUSTOMARILY  PROVIDES AS PART OF OR IN CONJUNCTION WITH A SHOPPABLE
 PRIMARY SERVICE.
   (B) "CHARGEMASTER" MEANS THE LIST OF ALL FACILITY ITEMS  AND  SERVICES
 MAINTAINED  BY  A  FACILITY  FOR  WHICH  THE  FACILITY HAS ESTABLISHED A
 CHARGE.
   (C) "COLLECTIONS ACTION" INCLUDES ANY OF THE FOLLOWING  ACTIONS  TAKEN
 WITH  RESPECT  TO A DEBT FOR ITEMS AND SERVICES THAT WERE PURCHASED FROM
 OR PROVIDED TO A PATIENT BY A FACILITY:
   (I) 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
 FACILITY;
   (II) INITIATING A LAWSUIT AGAINST THE PATIENT OR PATIENT GUARANTOR, OR
 ENFORCING  AN  ARBITRATION OR MEDIATION CLAUSE IN ANY FACILITY DOCUMENTS
 INCLUDING CONTRACTS, AGREEMENTS, STATEMENTS, OR BILLS; OR
   (III) DIRECTLY OR INDIRECTLY CAUSING A REPORT TO BE MADE TO A CONSUMER
 REPORTING AGENCY.
   (D) "DE-IDENTIFIED MAXIMUM NEGOTIATED CHARGE" MEANS THE HIGHEST CHARGE
 THAT A FACILITY HAS NEGOTIATED WITH ALL THIRD-PARTY PAYERS FOR A FACILI-
 TY ITEM OR SERVICE.
 S. 7005                             3
 
   (E) "DE-IDENTIFIED MINIMUM NEGOTIATED CHARGE" MEANS THE LOWEST  CHARGE
 THAT A FACILITY HAS NEGOTIATED WITH ALL THIRD-PARTY PAYERS FOR A FACILI-
 TY ITEM OR SERVICE.
   (F)  "DISCOUNTED CASH PRICE" MEANS THE CHARGE THAT APPLIES TO AN INDI-
 VIDUAL WHO PAYS CASH,  OR  CASH  EQUIVALENT,  FOR  A  FACILITY  ITEM  OR
 SERVICE.
   (G) "FACILITY" INCLUDES THE FOLLOWING:
   (I)  GENERAL  HOSPITALS AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE
 OF THIS ARTICLE; AND
   (II) ANY HOSPITAL, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED  ONE  OF
 THIS  ARTICLE,  TO  WHICH  THE DEPARTMENT DETERMINES THIS SECTION SHOULD
 APPLY.
   (H) "GROSS CHARGE" MEANS THE CHARGE FOR A  FACILITY  ITEM  OR  SERVICE
 THAT IS REFLECTED ON A FACILITY'S CHARGEMASTER, ABSENT ANY DISCOUNTS.
   (I)  "FACILITY  ITEMS  AND  SERVICES" AND ANY VARIATION OF THIS PHRASE
 MEANS ALL ITEMS AND SERVICES, INCLUDING INDIVIDUAL  ITEMS  AND  SERVICES
 AND SERVICE PACKAGES, THAT MAY BE PROVIDED BY A FACILITY TO A PATIENT IN
 CONNECTION WITH AN INPATIENT ADMISSION OR AN OUTPATIENT DEPARTMENT VISIT
 FOR WHICH THE FACILITY HAS ESTABLISHED A STANDARD CHARGE. THIS INCLUDES,
 BUT IS NOT LIMITED TO:
   (I) SUPPLIES AND PROCEDURES;
   (II) ROOM AND BOARD;
   (III)  USE  OF THE FACILITY AND OTHER AREAS, THE CHARGES FOR WHICH ARE
 GENERALLY REFERRED TO AS FACILITY FEES;
   (IV) SERVICES OF PHYSICIANS AND NON-PHYSICIAN PRACTITIONERS,  EMPLOYED
 BY  THE  FACILITY,  THE  CHARGES  FOR WHICH ARE GENERALLY REFERRED TO AS
 PROFESSIONAL CHARGES; AND
   (V) ANY OTHER ITEM OR SERVICE FOR WHICH A FACILITY HAS  ESTABLISHED  A
 STANDARD CHARGE.
   (J)  "MACHINE-READABLE  FORMAT" MEANS A DIGITAL REPRESENTATION OF DATA
 OR INFORMATION IN A FILE THAT CAN BE IMPORTED OR READ  INTO  A  COMPUTER
 SYSTEM FOR FURTHER PROCESSING, INCLUDING .XML, .JSON, AND .CSV FORMATS.
   (K) "PAYER-SPECIFIC NEGOTIATED CHARGE" MEANS THE CHARGE THAT A FACILI-
 TY  HAS  NEGOTIATED  WITH  A  THIRD-PARTY  PAYER  FOR A FACILITY ITEM OR
 SERVICE.
   (L) "SERVICE PACKAGE" MEANS  AN  AGGREGATION  OF  INDIVIDUAL  FACILITY
 ITEMS AND SERVICES INTO A SINGLE SERVICE WITH A SINGLE CHARGE.
   (M)  "SHOPPABLE  SERVICE"  MEANS  A SERVICE THAT MAY BE SCHEDULED BY A
 HEALTH CARE CONSUMER IN ADVANCE.
   (N) "STANDARD CHARGE" MEANS THE REGULAR RATE ESTABLISHED BY THE FACIL-
 ITY FOR A FACILITY ITEM OR SERVICE  PROVIDED  TO  A  SPECIFIC  GROUP  OF
 PAYING  PATIENTS.  THIS  TERM  INCLUDES ALL OF THE FOLLOWING, AS DEFINED
 UNDER THIS SECTION:
   (I) THE GROSS CHARGE;
   (II) THE PAYER-SPECIFIC NEGOTIATED CHARGE;
   (III) THE DE-IDENTIFIED MINIMUM NEGOTIATED CHARGE;
   (IV) THE DE-IDENTIFIED MAXIMUM NEGOTIATED CHARGE; AND
   (V) THE DISCOUNTED CASH PRICE.
   (O) "THIRD-PARTY PAYER" MEANS AN ENTITY THAT IS, BY STATUTE, CONTRACT,
 OR AGREEMENT, LEGALLY RESPONSIBLE FOR PAYMENT OF A CLAIM FOR A  FACILITY
 ITEM OR SERVICE.
   2.  NOTWITHSTANDING  ANY  OTHER  LAW,  A FACILITY MUST MAKE PUBLIC THE
 FOLLOWING:
   (A) A DIGITAL FILE IN A MACHINE-READABLE FORMAT THAT CONTAINS  A  LIST
 OF  ALL STANDARD CHARGES FOR ALL FACILITY ITEMS AND SERVICES AS PROVIDED
 IN SUBDIVISION THREE OF THIS SECTION; AND
 S. 7005                             4
 
   (B) A CONSUMER-FRIENDLY LIST OF STANDARD CHARGES FOR A LIMITED SET  OF
 SHOPPABLE SERVICES AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
   3.  (A)  A  FACILITY SHALL MAINTAIN A LIST OF ALL STANDARD CHARGES FOR
 ALL FACILITY ITEMS AND SERVICES IN ACCORDANCE WITH  THIS  SECTION.  THIS
 LIST MUST INCLUDE, AS APPLICABLE:
   (I)  A  DESCRIPTION  OF  EACH FACILITY ITEM OR SERVICE PROVIDED BY THE
 FACILITY; AND
   (II) THE FOLLOWING  CHARGES  FOR  EACH  INDIVIDUAL  FACILITY  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 PAYER-SPECIFIC NEGOTIATED CHARGE, LISTED BY THE  NAME  OF  THE
 THIRD-PARTY PAYER AND PLAN ASSOCIATED WITH THE CHARGE AND DISPLAYED IN A
 MANNER  THAT  CLEARLY  ASSOCIATES THE CHARGE WITH EACH THIRD-PARTY PAYER
 AND PLAN; AND
   (III) ANY CODE USED BY THE FACILITY  FOR  PURPOSES  OF  ACCOUNTING  OR
 BILLING FOR THE FACILITY ITEM OR SERVICE, INCLUDING, BUT NOT LIMITED TO,
 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 PAYER IDENTIFIER.
   (B)  THE  STANDARD  CHARGES CONTAINED IN THE LIST REQUIRED TO BE MAIN-
 TAINED BY A FACILITY  UNDER  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  MUST
 REFLECT  THE STANDARD CHARGES APPLICABLE TO THAT LOCATION OF THE FACILI-
 TY, REGARDLESS OF  WHETHER  THE  FACILITY  OPERATES  IN  MORE  THAN  ONE
 LOCATION  OR  OPERATES  UNDER  THE  SAME  LICENSE OR APPROVAL AS ANOTHER
 FACILITY.
   (C) THE INFORMATION CONTAINED IN THE LIST REQUIRED UNDER PARAGRAPH (A)
 OF THIS SUBDIVISION MUST BE PUBLISHED IN A SINGLE DIGITAL FILE  THAT  IS
 IN A MACHINE-READABLE FORMAT.
   (D)  THE LIST REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION MUST BE
 DISPLAYED IN A PROMINENT LOCATION ON THE HOME  PAGE  OF  THE  FACILITY'S
 PUBLICLY  ACCESSIBLE INTERNET WEBSITE OR ACCESSIBLE BY SELECTING A DEDI-
 CATED LINK THAT IS PROMINENTLY DISPLAYED ON THE HOME PAGE OF THE FACILI-
 TY'S PUBLICLY ACCESSIBLE INTERNET  WEBSITE.  IF  THE  FACILITY  OPERATES
 MULTIPLE  LOCATIONS  AND  MAINTAINS  A SINGLE INTERNET WEBSITE, THE LIST
 REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION MUST BE POSTED FOR EACH
 LOCATION THE FACILITY OPERATES IN A MANNER THAT CLEARLY  ASSOCIATES  THE
 LIST WITH THE APPLICABLE LOCATION OF THE FACILITY.
   (E) THE LIST REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION MUST:
   (I) BE AVAILABLE:
   (A) FREE OF CHARGE;
   (B)  WITHOUT  HAVING  TO REGISTER OR ESTABLISH A USER ACCOUNT OR PASS-
 WORD;
   (C) WITHOUT HAVING TO SUBMIT PERSONAL IDENTIFYING INFORMATION;
   (D) WITHOUT HAVING TO ENTER A CODE TO ACCESS THE LIST; AND
   (E) WITHOUT HAVING TO OVERCOME  ANY  OTHER  BARRIER  THAT  LIMITS  THE
 AVAILABILITY OR ACCESSIBILITY OF THE LIST;
   (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 AS A RESULT IN RESPONSE TO A SEARCH QUERY OF A
 USER OF THE SEARCH ENGINE;
   (III) BE FORMATTED IN A MANNER  PRESCRIBED  BY  THE  DEPARTMENT  UNDER
 SUBDIVISION FIVE OF THIS SECTION;
 S. 7005                             5
 
   (IV) BE DIGITALLY SEARCHABLE; AND
   (V)  USE  THE FOLLOWING NAMING CONVENTION SPECIFIED BY THE CENTERS FOR
 MEDICARE  AND  MEDICAID  SERVICES,   SPECIFICALLY:      _
 NAME>_STANDARDCHARGES.{JSON/XML/CSV}.
   (F)  THE FACILITY MUST UPDATE THE LIST REQUIRED UNDER PARAGRAPH (A) OF
 THIS SUBDIVISION AT LEAST ONCE A YEAR. THE FACILITY MUST  CLEARLY  INDI-
 CATE THE DATE ON WHICH THE LIST WAS MOST RECENTLY UPDATED, EITHER WITHIN
 THE LIST ITSELF OR IN A MANNER THAT IS CLEARLY ASSOCIATED WITH THE LIST.
   4.  (A)  EXCEPT  AS  PROVIDED  BY PARAGRAPH (C) OF THIS SUBDIVISION, A
 FACILITY SHALL MAINTAIN AND MAKE PUBLICLY AVAILABLE A LIST OF THE STAND-
 ARD CHARGES DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV) AND (V) OF
 PARAGRAPH (D) OF THIS SUBDIVISION FOR AT LEAST THREE  HUNDRED  SHOPPABLE
 SERVICES PROVIDED BY THE FACILITY. THE FACILITY MAY SELECT THE SHOPPABLE
 SERVICES TO BE INCLUDED IN THE LIST, EXCEPT THAT THE LIST MUST INCLUDE:
   (I)  THE  SEVENTY  SERVICES  SPECIFIED  AS  SHOPPABLE  SERVICES BY THE
 CENTERS FOR MEDICARE AND MEDICAID SERVICES; OR
   (II) IF THE FACILITY DOES NOT PROVIDE  ALL  OF  THE  SEVENTY  SERVICES
 SPECIFIED AS SHOPPABLE SERVICES BY THE CENTERS FOR MEDICARE AND MEDICAID
 SERVICES, AS MANY OF THOSE SHOPPABLE SERVICES THE FACILITY DOES PROVIDE.
   (B)  IN SELECTING A SHOPPABLE SERVICE FOR PURPOSES OF INCLUSION IN THE
 LIST REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, A FACILITY MUST:
   (I) CONSIDER HOW FREQUENTLY THE FACILITY PROVIDES THE SERVICE AND  THE
 FACILITY'S BILLING RATE FOR THAT SERVICE; AND
   (II)  PRIORITIZE THE SELECTION OF SERVICES THAT ARE AMONG THE SERVICES
 MOST FREQUENTLY PROVIDED BY THE FACILITY.
   (C) IF A FACILITY DOES NOT PROVIDE THREE HUNDRED  SHOPPABLE  SERVICES,
 THE  FACILITY MUST MAINTAIN A LIST OF ALL OF THE SHOPPABLE SERVICES THAT
 THE FACILITY PROVIDES IN A  MANNER  THAT  OTHERWISE  COMPLIES  WITH  THE
 REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.
   (D)  THE LIST REQUIRED UNDER PARAGRAPH (A) OR (C) OF THIS SUBDIVISION,
 AS APPLICABLE, MUST INCLUDE:
   (I) A PLAIN-LANGUAGE DESCRIPTION OF EACH SHOPPABLE SERVICE INCLUDED ON
 THE LIST;
   (II) THE PAYER-SPECIFIED NEGOTIATED CHARGE THAT APPLIES TO EACH  SHOP-
 PABLE  SERVICE  INCLUDED  ON  THE  LIST, AND ANY CORRESPONDING ANCILLARY
 SERVICE AS APPLICABLE, LISTED BY THE NAME OF THE THIRD-PARTY  PAYER  AND
 PLAN  ASSOCIATED  WITH THE CHARGE AND DISPLAYED IN A MANNER THAT CLEARLY
 ASSOCIATES THE CHARGE WITH THE THIRD-PARTY PAYER AND PLAN;
   (III) THE DISCOUNTED CASH PRICE THAT APPLIES TO EACH SHOPPABLE SERVICE
 INCLUDED ON THE LIST, AND ANY CORRESPONDING ANCILLARY SERVICE AS  APPLI-
 CABLE, OR IF THE FACILITY 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 OR ANCILLARY SERVICE, AS APPLICABLE;
   (IV) THE DE-IDENTIFIED MINIMUM NEGOTIATED CHARGE THAT APPLIES TO  EACH
 SHOPPABLE  SERVICE  INCLUDED ON THE LIST AND ANY CORRESPONDING ANCILLARY
 SERVICE, AS APPLICABLE;
   (V) THE DE-IDENTIFIED MAXIMUM NEGOTIATED CHARGE THAT APPLIES  TO  EACH
 SHOPPABLE  SERVICE  INCLUDED ON THE LIST AND ANY CORRESPONDING ANCILLARY
 SERVICE, AS APPLICABLE;
   (VI) ANY CODE USED BY THE FACILITY FOR PURPOSES OF ACCOUNTING OR BILL-
 ING 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
 PAYER IDENTIFIER;
 S. 7005                             6
 
   (VII) EACH LOCATION AT  WHICH  THE  FACILITY  PROVIDES  THE  SHOPPABLE
 SERVICE  AND  WHETHER  THE  STANDARD CHARGES IDENTIFIED IN SUBPARAGRAPHS
 (II), (III), (IV) AND (V) OF THIS PARAGRAPH 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 APPLICA-
 BLE; AND
   (VIII)  IF  APPLICABLE,  INDICATE  IF  ONE  OF  MORE  OF THE SHOPPABLE
 SERVICES SPECIFIED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES  IS
 NOT PROVIDED BY THE FACILITY.
   (E)  THE LIST REQUIRED UNDER PARAGRAPH (A) OR (C) OF THIS SUBDIVISION,
 AS APPLICABLE, MUST BE DISPLAYED IN A PROMINENT  LOCATION  ON  THE  HOME
 PAGE  OF THE FACILITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE OR ACCESSI-
 BLE BY SELECTING A DEDICATED LINK THAT IS PROMINENTLY DISPLAYED  ON  THE
 HOME PAGE OF THE FACILITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE. IF THE
 FACILITY  OPERATES  MULTIPLE  LOCATIONS  AND MAINTAINS A SINGLE INTERNET
 WEBSITE, THE LIST REQUIRED UNDER PARAGRAPH (A) OR (C) OF  THIS  SUBDIVI-
 SION, AS APPLICABLE, MUST BE POSTED FOR EACH LOCATION THE FACILITY OPER-
 ATES  IN  A  MANNER THAT CLEARLY ASSOCIATES THE LIST WITH THE APPLICABLE
 LOCATION OF THE FACILITY.
   (F) THE LIST REQUIRED UNDER PARAGRAPH (A) OR (C) OF THIS  SUBDIVISION,
 AS APPLICABLE, MUST BE:
   (I) EASILY ACCESSIBLE AND AVAILABLE:
   (A) FREE OF CHARGE;
   (B)  WITHOUT  HAVING  TO REGISTER OR ESTABLISH A USER ACCOUNT OR PASS-
 WORD;
   (C) WITHOUT HAVING TO SUBMIT PERSONAL IDENTIFYING INFORMATION;
   (D) WITHOUT HAVING TO ENTER A CODE TO ACCESS THE LIST; AND
   (E) WITHOUT HAVING TO OVERCOME  ANY  OTHER  BARRIER  THAT  LIMITS  THE
 AVAILABILITY OR ACCESSIBILITY OF THE LIST; AND
   (II)  DIGITALLY  SEARCHABLE  BY SERVICE DESCRIPTION, BILLING CODE, AND
 PAYER;
   (III) 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 AS A RESULT IN RESPONSE TO A SEARCH QUERY OF A USER
 OF THE SEARCH ENGINE;
   (IV)  FORMATTED  IN  A  MANNER  THAT  IS  CONSISTENT  WITH  THE FORMAT
 PRESCRIBED BY THE DEPARTMENT UNDER SUBDIVISION FIVE OF THIS SECTION; AND
   (V) UPDATED AT LEAST ONCE A YEAR. THE FACILITY MUST  CLEARLY  INDICATE
 THE  DATE ON WHICH THE LIST WAS MOST RECENTLY UPDATED, EITHER WITHIN THE
 LIST ITSELF OR IN A MANNER THAT IS CLEARLY ASSOCIATED WITH THE LIST.
   (G) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A FACILITY IS
 CONSIDERED TO MEET THE REQUIREMENTS OF THIS SUBDIVISION IF THE  FACILITY
 MAINTAINS,  AS  DETERMINED  BY  THE  DEPARTMENT, AN INTERNET-BASED PRICE
 ESTIMATOR TOOL THAT MEETS THE FOLLOWING REQUIREMENTS:
   (I) PROVIDES A REASONABLY ACCURATE COST ESTIMATE  FOR  EACH  SHOPPABLE
 SERVICE  AND  ANY  CORRESPONDING  ANCILLARY SERVICE INCLUDED ON THE LIST
 MAINTAINED BY THE FACILITY UNDER PARAGRAPH (A) OR (C) OF  THIS  SUBDIVI-
 SION, AS APPLICABLE;
   (II)  ALLOWS  A PERSON TO OBTAIN A REASONABLY ACCURATE ESTIMATE OF THE
 AMOUNT THE PERSON WILL BE OBLIGATED TO PAY THE FACILITY  IF  THE  PERSON
 ELECTS TO USE THE FACILITY TO PROVIDE THE SERVICE; AND
   (III)  IS  PROMINENTLY DISPLAYED ON THE FACILITY'S PUBLICLY ACCESSIBLE
 INTERNET WEBSITE AND IS ACCESSIBLE TO  THE  PUBLIC  WITHOUT  CHARGE  AND
 WITHOUT HAVING TO REGISTER OR ESTABLISH A USER ACCOUNT OR PASSWORD.
   5.  IN  PRESCRIBING THE FORMAT OF THE LIST UNDER SUBPARAGRAPH (III) OF
 PARAGRAPH (E) OF SUBDIVISION THREE AND SUBPARAGRAPH  (IV)  OF  PARAGRAPH
 S. 7005                             7
 
 (F)  OF SUBDIVISION FOUR OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP A
 TEMPLATE THAT EACH FACILITY MUST USE IN  FORMATTING  THE  LIST,  AND  IN
 DEVELOPING THIS TEMPLATE, THE DEPARTMENT MUST:
   (A)  CONSIDER ANY APPLICABLE FEDERAL GUIDELINES FOR FORMATTING SIMILAR
 LISTS REQUIRED BY FEDERAL LAW OR REGULATION AND ENSURE THAT  THE  DESIGN
 OF  THE  TEMPLATE  ENABLES HEALTHCARE RESEARCHERS TO COMPARE THE CHARGES
 CONTAINED IN THE LISTS MAINTAINED BY EACH FACILITY; AND
   (B) DESIGN THE TEMPLATE TO BE SUBSTANTIALLY SIMILAR  TO  THE  TEMPLATE
 USED  BY  THE  CENTERS  FOR  MEDICARE AND MEDICAID SERVICES FOR PURPOSES
 SIMILAR TO THOSE OF THIS SECTION,  IF  THE  DEPARTMENT  DETERMINES  THAT
 DESIGNING  THE  TEMPLATE IN THAT MANNER SERVES THE PURPOSES OF PARAGRAPH
 (A) OF THIS SUBDIVISION AND THAT THE DEPARTMENT BENEFITS FROM DEVELOPING
 AND REQUIRING THAT SUBSTANTIALLY SIMILAR DESIGN.
   6. EACH TIME A FACILITY UPDATES A LIST AS REQUIRED UNDER PARAGRAPH (F)
 OF SUBDIVISION THREE AND SUBPARAGRAPH (V) OF PARAGRAPH (F)  OF  SUBDIVI-
 SION FOUR OF THIS SECTION, THE FACILITY SHALL SUBMIT THE UPDATED LIST TO
 THE  DEPARTMENT.  THE  DEPARTMENT  MAY  PRESCRIBE  THE FORM IN WHICH THE
 UPDATED LIST MUST BE SUBMITTED TO THE DEPARTMENT.
   7. (A) THE DEPARTMENT SHALL MONITOR EACH  FACILITY'S  COMPLIANCE  WITH
 THE  REQUIREMENTS OF THIS SECTION USING, BUT NOT LIMITED TO, THE FOLLOW-
 ING METHODS:
   (I) EVALUATING COMPLAINTS MADE  BY  INDIVIDUALS  OR  ENTITIES  TO  THE
 DEPARTMENT,  INCLUDING  THROUGH  A  COMPLAINT  FORM  ON THE DEPARTMENT'S
 INTERNET WEBSITE;
   (II) REVIEWING  ANY  ANALYSIS  PREPARED  BY  INDIVIDUALS  OR  ENTITIES
 REGARDING NONCOMPLIANCE WITH THIS SECTION;
   (III) AUDITING THE INTERNET WEBSITES OF FACILITIES FOR COMPLIANCE WITH
 THIS SECTION; AND
   (IV)  CONFIRMING THAT EACH FACILITY SUBMITTED THE LISTS REQUIRED UNDER
 SUBDIVISION SIX OF THIS SECTION.
   (B) IF THE DEPARTMENT DETERMINES THAT ANY FACILITY IS NOT  IN  COMPLI-
 ANCE  WITH ANY PROVISION OF THIS SECTION, THE DEPARTMENT MAY TAKE ANY OF
 THE FOLLOWING ACTIONS, WITHOUT REGARD TO THE ORDER OF THE ACTIONS:
   (I) PROVIDE A WRITTEN NOTICE TO THE FACILITY THAT CLEARLY EXPLAINS THE
 MANNER IN WHICH THE FACILITY IS NOT IN COMPLIANCE WITH THIS SECTION;
   (II) REQUEST A CORRECTIVE ACTION PLAN FROM THE FACILITY IF THE FACILI-
 TY IS IN MATERIAL NONCOMPLIANCE WITH THIS SECTION, AS  DETERMINED  UNDER
 SUBDIVISION EIGHT OF THIS SECTION;
   (III)  SHARE  INFORMATION  WITH  GOVERNMENT  AGENCIES, THE CENTERS FOR
 MEDICARE AND MEDICAID SERVICES, OR OTHER ENTITIES AS IT DEEMS  APPROPRI-
 ATE; AND
   (IV)  IMPOSE  AN  ADMINISTRATIVE PENALTY ON THE FACILITY AND PUBLICIZE
 THE PENALTY ON THE COMMISSION'S INTERNET WEBSITE IF THE  FACILITY  FAILS
 TO  RESPOND  TO  THE  DEPARTMENT'S REQUEST TO SUBMIT A CORRECTIVE ACTION
 PLAN OR COMPLY WITH THE REQUIREMENTS OF A CORRECTIVE ACTION PLAN SUBMIT-
 TED TO THE DEPARTMENT, PURSUANT TO SUBDIVISION NINE OF THIS SECTION.
   8. (A) A FACILITY IS IN MATERIAL NONCOMPLIANCE WITH  THIS  SECTION  IF
 THE FACILITY FAILS TO:
   (I)  COMPLY  WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION;
 OR
   (II) PUBLICIZE THE FACILITY'S STANDARD CHARGES IN THE FORM AND  MANNER
 REQUIRED UNDER SUBDIVISION THREE OR FOUR OF THIS SECTION.
   (B)  IF  THE  DEPARTMENT  DETERMINES  THAT  A  FACILITY IS IN MATERIAL
 NONCOMPLIANCE WITH THIS SECTION, THE DEPARTMENT MAY ISSUE  A  NOTICE  OF
 MATERIAL  NONCOMPLIANCE  TO  THE  FACILITY AND REQUEST THAT THE FACILITY
 SUBMIT A CORRECTIVE ACTION PLAN. THE NOTICE MUST INDICATE THE  FORM  AND
 S. 7005                             8
 
 MANNER  IN  WHICH  THE  CORRECTIVE  ACTION PLAN MUST BE SUBMITTED TO THE
 DEPARTMENT, AND CLEARLY STATE THE DATE BY WHICH THE FACILITY MUST SUBMIT
 THE PLAN.
   (C)  A  FACILITY  THAT  RECEIVES  A NOTICE UNDER PARAGRAPH (B) OF THIS
 SUBDIVISION  MUST:
   (I) SUBMIT A CORRECTIVE ACTION PLAN IN THE FORM AND MANNER, AND BY THE
 SPECIFIED DATE, PRESCRIBED BY THE NOTICE OF VIOLATION; AND
   (II) AS SOON AS PRACTICABLE AFTER SUBMISSION OF  A  CORRECTIVE  ACTION
 PLAN TO THE DEPARTMENT, ACT TO COMPLY WITH THE PLAN.
   (D) A CORRECTIVE ACTION PLAN SUBMITTED TO THE DEPARTMENT MUST:
   (I) DESCRIBE IN DETAIL THE CORRECTIVE ACTION THE FACILITY WILL TAKE TO
 ADDRESS  ANY  VIOLATION  IDENTIFIED  BY  THE  DEPARTMENT  IN  THE NOTICE
 PROVIDED UNDER PARAGRAPH (B) OF THIS SUBDIVISION; AND
   (II) PROVIDE A DATE BY WHICH THE FACILITY WILL COMPLETE THE CORRECTIVE
 ACTION PLAN.
   (E) A CORRECTIVE ACTION PLAN IS SUBJECT TO REVIEW AND APPROVAL BY  THE
 DEPARTMENT.  AFTER  THE  DEPARTMENT  REVIEWS  AND  APPROVES A FACILITY'S
 CORRECTIVE ACTION PLAN, THE DEPARTMENT  MAY  MONITOR  AND  EVALUATE  THE
 FACILITY'S COMPLIANCE WITH THE PLAN.
   (F)  A FACILITY IS CONSIDERED TO HAVE FAILED TO RESPOND TO THE DEPART-
 MENT'S REQUEST TO SUBMIT A CORRECTIVE ACTION PLAN IF THE FACILITY  FAILS
 TO  SUBMIT  A CORRECTIVE ACTION PLAN IN THE FORM AND MANNER SPECIFIED IN
 THE NOTICE UNDER PARAGRAPH (B) OF THIS SUBDIVISION OR BY THE DATE SPECI-
 FIED IN THE NOTICE UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
   (G) A FACILITY IS CONSIDERED TO HAVE FAILED TO COMPLY WITH  A  CORREC-
 TIVE ACTION PLAN IF THE FACILITY FAILS TO ADDRESS A VIOLATION WITHIN THE
 SPECIFIED PERIOD OF TIME CONTAINED IN THE PLAN.
   (H)  A  FACILITY  THAT  IS IN MATERIAL NONCOMPLIANCE WITH THIS SECTION
 SHALL BE PLACED ONTO A LIST OF FACILITIES IN MATERIAL NONCOMPLIANCE THAT
 IS PUBLISHED ON THE DEPARTMENT'S PUBLIC INTERNET WEBSITE, EXCEPT WHERE:
   (I) THE FACILITY IN MATERIAL NONCOMPLIANCE HAS SUBMITTED A  CORRECTIVE
 ACTION PLAN THAT HAS BEEN APPROVED BY THE DEPARTMENT; AND
   (II) THE FACILITY REMAINS COMPLIANT WITH THIS SECTION.
   9. (A) THE DEPARTMENT MAY IMPOSE AN ADMINISTRATIVE PENALTY ON A FACIL-
 ITY IF THE FACILITY FAILS TO:
   (I)  RESPOND TO THE DEPARTMENT'S REQUEST TO SUBMIT A CORRECTIVE ACTION
 PLAN; OR
   (II) COMPLY WITH THE REQUIREMENTS OF A CORRECTIVE ACTION PLAN  SUBMIT-
 TED TO THE DEPARTMENT.
   (B)  THE DEPARTMENT MAY IMPOSE AN ADMINISTRATIVE PENALTY ON A FACILITY
 FOR A VIOLATION OF EACH REQUIREMENT  OF  THIS  SECTION.  THE  DEPARTMENT
 SHALL  SET  THE  PENALTY IN AN AMOUNT SUFFICIENT TO ENSURE COMPLIANCE BY
 THE FACILITY WITH THE PROVISIONS OF THIS SECTION SUBJECT TO THE  LIMITA-
 TIONS IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (C)  USING  THE  MOST  RECENTLY UPDATED NUMBER OF BEDS REPORTED TO THE
 CENTERS FOR MEDICAID AND MEDICARE SERVICES, THE DEPARTMENT,  OR  ANOTHER
 ENTITY  DESIGNATED  BY THE DEPARTMENT, FOR EACH DAY A FACILITY IS DETER-
 MINED BY THE DEPARTMENT TO BE OUT OF COMPLIANCE, THE DAILY  CIVIL  MONE-
 TARY PENALTY MAY NOT EXCEED:
   (I)  THREE  HUNDRED  DOLLARS  FOR  EACH DAY THE FACILITY VIOLATED THIS
 SECTION FOR A FACILITY WITH A NUMBER OF BEDS EQUAL TO OR LESS THAN THIR-
 TY, EVEN IF THE FACILITY IS IN VIOLATION OF MULTIPLE  DISCRETE  REQUIRE-
 MENTS OF THIS SECTION;
   (II)  THE  NUMBER  OF  BEDS MULTIPLIED BY TEN DOLLARS FOR EACH DAY THE
 FACILITY VIOLATED THIS SECTION FOR A FACILITY WITH AT  LEAST  THIRTY-ONE
 BEDS AND UP TO AND INCLUDING FIVE HUNDRED FIFTY BEDS, EVEN IF THE FACIL-
 S. 7005                             9
 
 ITY  IS  IN VIOLATION OF MULTIPLE DISCRETE REQUIREMENTS OF THIS SECTION;
 OR
   (III)  FIVE  THOUSAND  DOLLARS FOR EACH DAY THE FACILITY VIOLATED THIS
 SECTION FOR A FACILITY WITH A NUMBER OF BEDS GREATER THAN  FIVE  HUNDRED
 FIFTY,  EVEN  IF  THE  FACILITY  IS  IN  VIOLATION  OF MULTIPLE DISCRETE
 REQUIREMENTS OF THIS SECTION.
   (D) EACH DAY A VIOLATION CONTINUES IS CONSIDERED A SEPARATE VIOLATION.
   (E) IN DETERMINING THE AMOUNT OF THE  PENALTY,  THE  DEPARTMENT  SHALL
 CONSIDER:
   (I) PREVIOUS VIOLATIONS BY THE FACILITY OPERATOR;
   (II) THE SERIOUSNESS OF THE VIOLATION;
   (III) THE DEMONSTRATED GOOD FAITH OF THE FACILITY'S OPERATOR; AND
   (IV) ANY OTHER MATTERS AS JUSTICE MAY REQUIRE.
   (F)  AN  ADMINISTRATIVE  PENALTY COLLECTED UNDER THIS SECTION SHALL BE
 APPROPRIATED ONLY TO THE DEPARTMENT.
   10. THE DEPARTMENT MAY PREPARE AND SUBMIT A REPORT OF  RECOMMENDATIONS
 FOR  AMENDING  THIS  SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE SPEAKER OF THE ASSEMBLY,  INCLUDING  RECOMMENDATIONS
 IN  RESPONSE  TO  AMENDMENTS  BY  THE  CENTERS FOR MEDICARE AND MEDICAID
 SERVICES TO 45 C.F.R. PART 180.
   11. NO FACILITY SHALL ENFORCE ANY CLAUSE MANDATING MEDIATION OR ALTER-
 NATIVE DISPUTE RESOLUTION IN ANY FACILITY DOCUMENT, INCLUDING CONTRACTS,
 AGREEMENTS, STATEMENTS, OR BILLS, IN AN ACTION ARISING FROM  PATIENT  OR
 PATIENT  GUARANTOR  NON-PAYMENT  OF  FACILITY  ITEMS OR SERVICES IF THAT
 FACILITY IS IN MATERIAL NONCOMPLIANCE WITH THIS SECTION ON THE DATE THAT
 THE RELEVANT FACILITY ITEMS OR SERVICES ARE PURCHASED FROM A PROVIDER TO
 A PATIENT BY THE FACILITY IN MATERIAL NONCOMPLIANCE.
   12. (A) IF A PATIENT BELIEVES THAT A FACILITY WAS IN MATERIAL  NONCOM-
 PLIANCE  WITH  THIS SECTION ON OR AFTER THE DATE THAT THE RELEVANT ITEMS
 OR SERVICES ARE PURCHASED BY OR PROVIDED TO THE PATIENT, AND THE FACILI-
 TY TAKES A COLLECTIONS ACTION, AS DEFINED IN THIS SECTION,  AGAINST  THE
 PATIENT  OR  PATIENT  GUARANTOR,  AND  THE  PATIENT OR PATIENT GUARANTOR
 BELIEVES THAT THE MATERIAL NONCOMPLIANCE  IS  RELATED  TO  THE  RELEVANT
 FACILITY ITEM OR SERVICE, THE PATIENT OR PATIENT GUARANTOR MAY FILE SUIT
 TO  DETERMINE  IF  THE  FACILITY WAS IN MATERIAL NONCOMPLIANCE WITH THIS
 SECTION. THE FACILITY SHALL NOT TAKE A COLLECTIONS  ACTION  AGAINST  THE
 PATIENT  OR  PATIENT  GUARANTOR RELATED TO THE RELEVANT FACILITY ITEM OR
 SERVICE, AND MUST STAY ANY RELATED PENDING  COLLECTIONS  ACTION  AGAINST
 THE PATIENT OR PATIENT GUARANTOR, WHILE THE LAWSUIT IS PENDING.
   (B)  A  FACILITY  THAT  HAS  BEEN  FOUND  BY A COURT TO BE IN MATERIAL
 NONCOMPLIANCE WITH THIS SECTION:
   (I) SHALL REFUND THE THIRD-PARTY PAYER ANY AMOUNT OF THE MEDICAL  DEBT
 THE THIRD-PARTY PAYER HAS PAID AND SHALL PAY A PENALTY TO THE PATIENT OR
 PATIENT GUARANTOR IN AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF THE DEBT;
   (II)  SHALL  DISMISS  OR  CAUSE  TO  BE DISMISSED ANY COURT ACTION AND
 COLLECTIONS ACTION WITH PREJUDICE AND PAY ANY ATTORNEY  FEES  AND  COSTS
 INCURRED BY THE PATIENT OR PATIENT GUARANTOR RELATING TO THE ACTION; AND
   (III)  REMOVE  OR  CAUSE  TO  BE REMOVED FROM THE PATIENT'S OR PATIENT
 GUARANTOR'S CREDIT REPORT ANY REPORT MADE TO A CONSUMER REPORTING AGENCY
 RELATING TO THE DEBT.
   13. NOTHING IN THIS SECTION:
   (A) PROHIBITS A FACILITY FROM BILLING A PATIENT, PATIENT GUARANTOR, OR
 THIRD-PARTY PAYER, INCLUDING  HEALTH  INSURER,  FOR  ITEMS  OR  SERVICES
 PROVIDED TO THE PATIENT; OR
 S. 7005                            10
 
   (B) REQUIRES A FACILITY TO REFUND ANY PAYMENT MADE TO THE HOSPITAL FOR
 ITEMS  OR  SERVICES  PROVIDED  TO  THE PATIENT, SO LONG AS NO COLLECTION
 ACTION IS TAKEN IN VIOLATION OF THIS SECTION.
   §  5. This act shall take effect one year after it shall have become a
 law.