S T A T E O F N E W Y O R K
________________________________________________________________________
8039
2025-2026 Regular Sessions
I N S E N A T E
May 15, 2025
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
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
service is rendered. The notice shall be provided in plain language in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07961-03-5
S. 8039 2
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.