N.Y. Public Health Law § 2830*2: Regulation of the billing of facility fees

* § 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

hospital 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

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.

* NB There are 2 § 2830's