S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5342--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Health -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to prohibiting hospi-
   tals, health systems, and health care providers from charging facility
   fees that are not covered by insurance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "lower
 hospital bills act".
   § 2. Section 2830 of the public health law, as added by chapter 764 of
 the laws of 2022, is amended to read as follows:
   §  2830.  Regulation  of  the  billing  of  facility  fees. 1. For the
 purposes of this section, "fee" means any amount charged or billed by  a
 provider  for  professional health care services provided in a hospital-
 based facility.
   2. No hospital or health system or health care provider shall bill  or
 seek  payment  from  a patient for a facility fee that is not covered by
 the patient's health insurance carrier [unless the patient was  notified
 prior to the date of service that a facility fee would be applicable. If
 a health care provider enters into a business relationship with a hospi-
 tal  or  health system that will result in the provider's patients being
 subject to facility fees, the  health  care  provider  must  notify  its
 patients  of the change and that facility fees will now be applicable to
 services received from the health care provider.  The  notice  shall  be
 provided  in  writing  at  least  seven  days in advance of each date of
 service and shall explain the amount of the fee, the purpose of the fee,
 whether the patient's insurance plan will pay the fee, and for uninsured
 patients, how to apply for  financial  assistance.  If  advance  written
 notice  is infeasible because the visit was secured less than seven days
 in advance, then a written notice shall be  provided  on  the  date  the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07961-02-5
              

 A. 5342--A                          2

 service  is  rendered. The notice shall be provided in plain language in
 conspicuous twelve-point bold face type and shall be  available  in  the
 top  six  languages  spoken  in the hospital's service area. In no event
 shall a facility fee be charged for services related to the provision of
 preventive  care  service  as  defined  by  the United States Preventive
 Services Task Force].
   § 3. This act shall take effect immediately.