S 8680

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   8680
                             I N  S E N A T E
                              January 7, 2026
                                ___________
 Introduced  by  Sen. C. RYAN -- 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 fair  pricing  for
   telehealth services
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. 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[,]:
   (A) "FACILITY fee" [means any amount charged or billed by  a  provider
 for  professional  health  care  services  provided  in a hospital-based
 facility] SHALL HAVE THE SAME MEANING AS ASCRIBED TO SUCH TERM BY SUBDI-
 VISION TWELVE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
   (B) "DISTANT SITE" SHALL HAVE THE SAME MEANING  AS  ASCRIBED  TO  SUCH
 TERM BY SUBDIVISION ONE OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-CC OF
 THIS CHAPTER; AND
   (C)  "TELEHEALTH" SHALL HAVE THE SAME MEANING AS ASCRIBED TO SUCH TERM
 BY SUBDIVISION FOUR OF SECTION  TWENTY-NINE  HUNDRED  NINETY-NINE-CC  OF
 THIS CHAPTER.
   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 FACILITY fee, the purpose of
 the  FACILITY  fee,  whether  the  patient's insurance plan will pay the
 FACILITY fee, and for uninsured patients, how  to  apply  for  financial
 assistance.  If  advance  written notice is infeasible because the visit
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13876-01-5
 S. 8680                             2
 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.
   3. In no event shall a facility fee be charged for services:
   (A)  related to the provision of preventive care service as defined by
 the United States Preventive Services Task Force; OR
   (B) WHEN A HOSPITAL-BASED FACILITY IS A DISTANT SITE FOR  HEALTH  CARE
 SERVICES DELIVERED BY MEANS OF TELEHEALTH UNLESS THE SERVICE IS PROVIDED
 BY  A  HEALTH  CARE  PROVIDER  NOT AUTHORIZED TO BILL A PROFESSIONAL FEE
 SEPARATELY FOR THE SERVICE.
   § 2. This act shall take effect immediately.