HB 0628

HB 628 - AS INTRODUCED

AN ACT relative to disclosure of cost of services by medical providers and relative to cost of medical services charged to uninsured consumers.

SPONSORS: Rep. Dickinson, Carr 2; Rep. Seldin, Merr 17

This bill requires health care facilities to provide an estimate of services to the patient in advance of such services. The bill also limits the costs of health care services to uninsured persons to the medicaid rate if the provider is an enrolled medicaid provider or the lowest rate charged by the provider if the provider is not an enrolled medicaid provider.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to disclosure of cost of services by medical providers and relative to cost of medical services charged to uninsured consumers.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Estimate of Services Required. Amend RSA 151 by inserting after section 21-b the following new section:

151:21-c Estimate of Health Care Services Required; Notice Requirements; Penalties.

I. Upon the request of any patient, a facility shall provide an estimate to the patient in advance of performing any health care service. The estimate shall contain:

II. A facility shall not perform any service set forth in the estimate unless it receives the written permission of the patient to proceed; provided, however, that if it is impracticable to give the patient a written estimate or obtain his or her written permission to proceed, the facility may orally advise the patient of the items contained in the estimate and obtain his or her oral permission to proceed.

III. If additional health care services of an unrelated and different nature from the services originally itemized in the estimate become necessary, a facility shall notify the patient of the estimated cost of such additional services and receive his or her written or oral permission to proceed before performing the services.

IV. Upon the completion of any service for which an estimate has been given, a facility shall not charge the patient any amount which exceeds the estimate by 10 percent.

V. A facility shall not be required to provide an estimate to a patient if the attending health care provider deems the service to be an emergency or immediately necessary to safeguard the health of the patient or if the facility does not agree to perform the service; provided, however, that no such facility shall engage in any act or practice which causes, or has the effect of causing, any patient to waive his or her right to an estimate as a condition to performing any health care service. If a patient does not request that an estimate be provided, the health care facility shall perform the required or requested service without providing an estimate.

VI. A written copy of the policy established under this section shall be posted at a public place in the facility.

VII. In addition to any other remedies under this chapter, a violation of this section shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A.

2 New Section; Charges for Medical Services. Amend RSA 329 by inserting after section 31 the following new section:

329:32 Charges for Medical Services. A health provider licensed under this chapter shall not charge uninsured consumers more than the medicaid rate if the provider is an enrolled medicaid provider. If the health provider is not an enrolled medicaid provider, such provider shall charge an uninsured consumer his or her lowest contracted rate.