Health facilities: other; facility fees; prohibit under certain circumstances. Creates new act.
What changed between versions
A new definition for 'ambulatory surgical center' was added, covering CMS-certified entities under 42 CFR part 416 that provide surgical services to patients not requiring hospitalization.
Section 7(1) was broadened: the insurer agreement exception now applies to any 'health care provider' rather than only a 'health system,' and the language about who considers the fee appropriate was simplified from 'considered appropriate by the insurer and the health system' to simply 'considered to be appropriate.'
Section 7(2) is new: it explicitly states the act does not prohibit charging and reimbursing a facility fee under Medicare, creating a federal program carve-out.
Section 3 now includes subsection (2) which exempts ambulatory surgical centers from the facility fee prohibition. Providers in these facilities may still charge facility fees for professional medical services.
The definition of 'professional fee' was changed from being location-based (services provided in a hospital, hospital campus, or off-campus hospital-based facility) to being provider-based (services provided by a health professional). This removes the geographic limitation on what qualifies as a professional fee.
The definition of 'off-campus hospital-based facility' was removed entirely, consistent with the revised professional fee definition that no longer references facility locations.