,,ii #aafth ,,congress #ast ,session ,s4 #aeca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjai ,mr4 ,cassidy 7for himself1 ,mr4 ,bennet1 ,mr4 ,young1 ,ms4 ,hassan1 ,ms4 ,murkowski1 ,mr4 ,carper1 ,mr4 ,sullivan1 ,mr4 ,brown1 ,mr4 ,cramer1 ,mr4 ,cardin1 ,mr4 ,kennedy1 and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,public ,health ,service ,act to provide protections for health insurance consumers from surprise billing4 #a4 ,short title ,this ,act may be cited as the ,stopping ,the ,outrageous ,practice of ,surprise ,medical ,bills ,act of #bjai or the ,,stop ,surprise ,medical ,bills ,act of #bjai4 #b4 ,findings ,congress makes the following findings3 7#a7 ,consumers frequently struggle to determine when and how much they will pay for a medical service or procedure4 ,a majority of consumers say health care providers rarely1 if ever1 discuss costs of recommended treatments and whether these treatments are covered by health insurance4 ,almost #gj percent of patients who receive bills from out-of-network providers did not realize the provider was out-of-network at the time of treatment4 ,patients using in-network facilities still receive claims from out-of- network providers at high rates1 over #ae percent of inpatient admissions and #e percent of outpatient service days4 ,even when patients try to schedule an in-network procedure at an in-network hospital and try to ensure that all providers who administer treatment will be in-network1 they may be sent a balance bill by an out-of-network provider after receiving care4 ,if providers accepted the same health plans as the facilities at which they practice and administer care1 out-of-network surprise medical bills would not be a complication for consumers scheduling elective procedures4 7#b7 ,surprise medical bills affect a sizeable portion of the insured population4 ,approximately #cj percent of individuals covered by private health insurance have received a surprise medical bill within the past year4 ,almost #bj percent of inpatient admissions by enrollees in large employer plans include at least #a claim from an out-of-network provider1 while #h percent of outpatient service days include an out-of-network claim4 7#c7 ,surprise medical bills are an issue of particular concern to consumers4 ,a majority of ,americans feel that softening the impact of surprise medical bills should be a priority for the current ,congress4 ,eighty-six percent of ,americans think it is important to protect individuals from surprise medical bills4 7#d7 ,surprise medical bills for emergency care are frequently unavoidable due to the emergent and serious nature of the patient's condition at the time of treatment4 ,one in #e cases of inpatient hospital admissions that originate within the emergency department result in a surprise medical bill4 ,for inpatient admissions1 those that include an emergency room claim are much more likely to include a claim from an out-of-network provider than admissions without an emergency room claim4 ,this is true whether or not enrollees use in-network facilities4 ,most cases of surprise medical billing occur when privately insured individuals involuntarily see out-of-network providers during medical emergencies4 7#e7 ,the financial implications of surprise medical bills can be devastating for ,american consumers and can prevent them from seeking timely follow-up care or from accessing necessary services4 ,approximately #bj percent of insured ,americans struggle to pay their medical bills4 ,almost a third of consumers who report they are struggling to pay a medical bill also report this bill was due to charges from an out-of-network provider that were not covered or were only partially covered by their insurer4 ,consumers with outstanding medical bills report delaying or skipping needed health care at rates #b to #c times higher than consumers without outstanding bills4 ,over #fj percent of consumers with outstanding medical bills report difficulties paying other bills 7including necessities such as food1 heat1 or housing costs7 as a result of their medical bills4 #c4 ,prohibition on surprise balance billing and independent dispute resolution with respect to out-of-network health care services 7a7 ,in general ,subpart ,,ii of part ,a of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq47 is amended by adding at the end the following3 #bgbi;,a4 ,general prohibition on surprise balance billing 7a7 ,surprise medical bill ,in this title1 the term surprise medical bill means a balance bill1 as described in subsection 7b71 that an enrollee receives for services provided to the enrollee where such services were-- 7#a7 emergency services provided by an out-of-network health care professional or at an out-of-network facility2 7#b7 health care services that were provided-- 7,a7 at an in-network facility 7including the use of equipment1 devices1 telemedicine services1 or other treatments or services72 and 7,b7 by an out-of-network health care professional2 or 7#c7 additional health care services required in the case of an enrollee who initially enters a hospital through the emergency room for emergency services1 and then receives nonemergency services from an out-of-network health care professional or at an out-of-network hospital or facility after the enrollee has been stabilized 7as defined in section #bgai;,a7b77#b77;,c771 as determined by the treating physician4 ,paragraph 7#c7 shall not apply in the case of an enrollee who is stabilized and able to travel in nonmedical transport1 and the enrollee 7or designee of the enrollee where the enrollee is not able to comprehend the information to be provided or make related decisions7 has been provided with clear1 written notification that the professional or facility is an out-of-network health care professional or facility1 has been given a cost estimate for services provided by the out-of-network professional or facility1 and has assumed1 in writing1 full responsibility for out-of-pocket costs associated with such out-of-network care4 7b7 ,balance bill ,in subsection 7a71 the term balance bill refers to a claim for payment for services provided to an enrollee that is in an amount equal to the difference between the actual amount charged with respect to services or care described in subsection 7a7 and the expected in-network cost-sharing required by the enrollee under the plan or coverage involved4 7c7 ,prohibition on balance billing 7#a7 ,prohibition 7,a7 ,in general ,a group health plan1 a health insurance issuer in connection with group or individual health insurance coverage1 or a health care provider shall not engage in balance billing practices prohibited under this section4 7,b7 ,application of provisions ,subparagraph 7,a7 shall apply-- 7i7 to all services provided at hospitals1 emergency rooms1 ,state-accredited free-standing emergency departments1 hospital outpatient departments1 and ambulatory surgery centers2 and 7ii7 with respect to subsection 7a77#b71 to the health care provider's offices and related services 7including laboratory and imaging services ordered by an in-network provider and provided by an out-of-network provider or laboratory74 7#b7 ,enrollee liability ,with respect to the services and care described in subsection 7a71 an enrollee shall only be liable for the in-network cost-sharing amount provided for in their plan or coverage4 ,for purposes of this section1 such payments by the enrollee shall count toward the in-network deductible under the plan or coverage as well as toward the enrollee's out-of-pocket maximum limitation4 7#c7 ,penalty ,violations of this section shall subject the violator to a civil monetary penalty as provided for in this title4 ,such provisions shall not apply to a health care provider1 group health plan1 or health insurance issuer that unknowingly balance bills an enrollee and reimburses such enrollee within #cj calendar days of such billing4 #bgbi;,b4 ,out-of-network billing 7a7 ,prohibition 7#a7 ,in general ,an enrollee may not be billed in excess of the in-network cost-sharing amount for services or care provided under section #bgbi;,a 7a surprise medical bill situation74 7#b7 ,automatic payment 7,a7 ,in general ,a group health plan1 or health insurance issuer in connection with group or individual health insurance coverage1 shall pay the median in-network rate under the plan or coverage1 less the applicable enrollee in-network cost-sharing1 directly to the health care provider as provided for in this section4 7,b7 ,request for alternative rate ,upon payment under subparagraph 7,a71 the plan or issuer shall provide to the health care provider information about how the provider may initiate independent dispute resolution under such subsection with respect to such payment4 ,the plan1 issuer1 or provider may negotiate an alternative amount or initiate independent dispute resolution under subsection 7b7 during the #cj-;day period beginning on the date on which the automatic payment is made under this subsection4 7b7 ,establishment of ,,idr process2 certification of entities 7#a7 ,establishment ,not later than #a year after the date of enactment of this section1 the ,secretary1 in consultation with the ,secretary of ,labor1 shall establish a process for resolving payment disputes between group health plans1 or health insurance issuers offering health insurance coverage in the group market1 and out-of-network health care providers in surprise medical bill situations in accordance with this section 7referred to in this section as the ,,idr process74 7#b7 ,certification of entities ,an entity wishing to participate in the ,,idr process under this subsection shall request certification from the ,secretary4 ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall determine eligibility of applicant entities1 taking into consideration whether the entity is unbiased and unaffiliated with health plans and providers and free of conflicts of interest1 in accordance with the ,secretary's rulemaking on determining criteria for conflicts of interest4 7#c7 ,,idr entity ,under the process established under paragraph 7#a71 the parties in the independent dispute resolution process shall jointly agree upon an independent dispute resolution entity4 ,in the event that parties cannot agree1 one will be selected at random jointly by the ,department of ,health and ,human ,services and the ,department of ,labor4 7c7 ,applicable claims 7#a7 ,in general ,the ,,idr process shall be with respect to one or more ,current ,procedural ,terminology 7,,cpt7 codes4 7#b7 ,batching of claims ,health care facilities and providers and group health plans or health insurance issuers may batch claims if such claims-- 7,a7 involve identical plan or issuer and provider or facility parties2 7,b7 involve claims with the same or related current procedural terminology codes relevant to a particular procedure2 and 7,c7 involve claims that occur within #cj days of each other4 7d7 ,independent dispute resolution process 7#a7 ,timing ,an independent dispute resolution entity that receives a request under this section shall1 not later than #cj days after receiving such request1 determine the amount the group health plan1 or health insurance issuer offering health insurance coverage in the group market1 is required to pay the out-of-network health care provider4 ,such amount shall be-- 7,a7 the amount determined by the parties through a settlement under paragraph 7#b72 or 7,b7 the amount determined reasonable by the entity in accordance with paragraph 7#c74 7#b7 ,settlement 7,a7 ,in general ,if the independent dispute resolution entity determines1 based on the amounts indicated in the request under this section1 that a settlement between the group health plan1 or health insurance issuer offering health insurance coverage in the group market1 and the out-of-network health care provider is likely1 the independent dispute resolution entity may direct the parties to attempt1 for a period not to exceed #aj days1 a good faith negotiation for a settlement4 7,b7 ,timing ,the period for a settlement described in subparagraph 7,a7 shall accrue towards the #cj-;day period required under paragraph 7#a74 7#c7 ,determination of amount 7,a7 ,final offers ,in the absence of a settlement under paragraph 7#b71 the group health plan1 or health insurance issuer offering health insurance coverage in the group market1 and the out-of-network health care provider shall each submit to the independent dispute resolution entity their final offer4 ,such entity shall determine which of the #b amounts is more reasonable based on the factors described in subparagraph 7,d74 7,b7 ,final decisions ,the amount that is determined to be the more reasonable amount under subparagraph 7,a7 shall be the final decision of the independent dispute resolution entity as to the amount the group health plan1 or health insurance issuer offering health insurance coverage in the group market1 is required to pay the out-of-network health care provider4 7,c7 ,service units ,a final determination under subparagraph 7,b7 may include the resolution of disputes for multiple items or services1 if such determination is in regard to items or services that are eligible for independent dispute resolution under subsection 7c77#b74 7,d7 ,factors ,in determining which final offer to select as the more reasonable amount under subparagraph 7,a71 the independent dispute resolution entity shall consider relevant factors including-- 7i7 commercially reasonable rates for comparable services or items in the same geographic area 7which shall take into consideration in-network rates for that geographic area and not charges72 and 7ii7 other factors that may be submitted at the discretion of either party1 which may include-- 7,i7 the level of training1 education1 experience1 and quality and outcomes measurements of the out-of-network health care provider2 7,,ii7 the circumstances and complexity of the particular dispute1 including the time and place of the service2 7,,iii7 the market share held by the out-of-network health care provider or that of the plan or issuer2 7,,iv7 demonstration of good faith efforts 7or lack of good faith efforts7 made by the out-of-network provider or the plan to contract and prior negotiated rates1 if applicable2 and 7,v7 other relevant economic aspects of provider reimbursement for the same specialty within the same geographic area4 7,e7 ,effect of determination ,a final determination of an independent dispute resolution entity under subparagraph 7,b7-- 7i7 shall be binding2 and 7ii7 shall not be subject to judicial review1 except in cases comparable to those described in section #aj7;a7 of title #i1 ,united ,states ,code1 as determined by the ,secretary in consultation with the ,secretary of ,labor1 and cases in which information submitted by one party was determined to be fraudulent4 7#d7 ,privacy laws ,an independent dispute resolution entity shall1 in conducting an independent dispute resolution process under this subsection1 comply with all applicable ,federal and ,state privacy laws4 7#e7 ,public availability ,the reasonable amount determined by an independent dispute resolution entity under this subsection with respect to any claim shall not be confidential1 except that information submitted to the independent dispute entity shall be kept confidential4 ,independent dispute entities may consider past decisions awarded by independent dispute entities during the independent dispute resolution process4 7#f7 ,costs of independent dispute resolution process ,the nonprevailing party shall be responsible for paying all fees charged by the independent dispute resolution entity4 ,if the parties reach a settlement prior to completion of the independent dispute resolution process1 the costs of the independent dispute resolution process shall be divided equally between the parties4 7#g7 ,payment ,group health plans and health insurance issuers with respect to group health coverage shall pay directly to the health care provider amounts determined by the independent dispute resolution entity within #cj days of the date on which the entity makes a determination with respect to such amount4 ,a plan or issuer that fails to comply with this paragraph shall be subject to the penalties described in section #bgbi;,a7c77#c74 4 7b7 ,emergency services ,section #bgai;,a7b77#a77;,c77ii77,,ii7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ai;a7b77#a77;,c77ii77,,ii77 is amended by inserting 1 deductible amount1 after copayment amount4 #d4 ,notification of new insurance products to in-network providers ,subpart ,,ii of part ,a of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq471 as amended by section #c1 is further amended by adding at the end the following3 #bgbi;,c4 ,notification of new insurance products to in-network providers ,if a health care provider has a contract to provide in-network services to enrollees in a group health plan or health insurance coverage offered by a health insurance issuer1 the plan or issuer shall notify the in-network provider within #g days of offering any new insurance product for which the in-network provider would be eligible to enroll as an in-network provider4 4 #e4 ,transparency regarding in-network and out-of-network deductibles ,subpart ,,ii of part ,a of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg et seq471 as amended by section #d1 is further amended by adding at the end the following3 #bgbi;,d4 ,transparency regarding in-network and out-of-network deductibles 7a7 ,in general ,a group health plan or a health insurance issuer offering group or individual health insurance coverage and providing or covering any benefit with respect to items or services shall include1 in clear writing1 on any plan or insurance identification card issued to enrollees in the plan or coverage the amount of the in-network and out-of-network deductibles and the out-of-pocket maximum limitation that apply to such plan or coverage4 7b7 ,guidance ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall issue guidance to implement subsection 7a74 4 #f4 ,ensuring enrollee access to cost-sharing information 7a7 ,in general ,subpart ,,ii of part ,a of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#aa et seq471 as amended by section #e1 is further amended by adding at the end the following3 #bgbi;,e4 ,provision of cost-sharing information 7a7 ,cost-,sharing disclosure for medical services 7#a7 ,provider disclosures ,a group health plan or a health insurance issuer offering group or individual health insurance coverage shall not contract with a health care provider with respect to the plan or coverage unless the provider agrees to provide an enrollee in the plan or coverage1 at the time of scheduling an elective health care service1 or not later than #dh hours of the enrollee requesting such information1 the expected enrollee cost-sharing for the provision of a particular health care service involved 7including any service that is reasonably expected to be provided in conjunction with such specific service1 such as expected cost-sharing of laboratory services74 7#b7 ,insurer disclosures ,a group health plan or a health insurance issuer offering group or individual health insurance coverage shall provide an enrollee in the plan or coverage with a good faith estimate of the enrollee's cost-sharing 7including deductibles1 copayments1 and coinsurance7 for which the enrollee would be responsible for paying with respect to a specific elective health care service 7including any service that is reasonably expected to be provided in conjunction with such specific service such as expected cost-sharing of laboratory services71 not later than #dh hours after receiving a request for such information by an enrollee4 7b7 ,electronically available price information ,a group health plan or a health insurance issuer offering group or individual health insurance coverage shall provide to enrollees the out-of-pocket costs and benefits information at all sites of care and for all providers included in the plan network4 ,such information shall be made available to enrollees through an internet website or an application4 ,information about the availability of such price information through such means shall be provided to each enrollee upon enrollment1 or renewal1 in the health plan or health insurance coverage4 4 7b7 ,effective dates 7#a7 ,cost-sharing disclosures ,subsection 7a77#a7 of section #bgbi;,e of the ,public ,health ,service ,act1 as added by subsection 7a71 shall apply with respect to plan years beginning on or after ,january #a1 #bjbj4 7#b7 ,availability of information ,subsection 7b7 of section #bgbi;,e of the ,public ,health ,service ,act1 as added by subsection 7a71 shall apply with respect to plan years beginning on or after ,january #a1 #bjba4 #g4 ,medical loss ratio ,section #bgah7;a77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ah7;a77#a77 is amended by inserting before the period the following3 7including1 in the case of group health plans1 the amount of independent dispute process expenses incurred by the plan74 #h4 ,transparency requirements on hospitals ,section #bgah of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ah7 is amended by adding at the end the following3 7f7 ,transparency requirements on hospitals 7#a7 ,requirements for hospitals and physician groups ,each hospital operating within the ,united ,states shall for each year disclose on its internet website and in printed materials1 any financial relationship or profit-sharing agreement the hospital maintains with a physician group4 7#b7 ,required information 7,a7 ,in general ,each hospital operating within the ,united ,states shall include ancillary services provided by individuals such as phlebotomists1 laboratory technicians1 and echocardiogram technicians within each hospital bill that is provided to patients4 7,b7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall conduct a study on the feasibility of hospitals and hospital-based provider groups providing to patients a single1 unified bill for all services provided within an episode of care4 4 #i4 ,transparency requirements on insurance 7a7 ,group health plan reporting ,part ,c of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia et seq47 is amended by adding at the end the following3 #bgie4 ,transparency requirements for group health plans 7a7 ,in general ,each group health plan and health insurance issuer offering group or individual health insurance coverage shall annually report to the ,secretary of ,health and ,human ,services and the ,secretary of ,labor1 with respect to the applicable plan or coverage for the applicable plan year-- 7#a7 the total claims that were submitted by in-network health care providers with respect to enrollees under the plan or coverage1 and the number of such claims that were paid and the number of such claims that were denied2 7#b7 the total claims that were submitted by out-of-network health care providers with respect to enrollees under the plan or coverage1 and the number of such claims that were paid and the number of such claims that were denied2 7#c7 with respect to each out-of-network claim1 the out-of-pocket costs1 including applicable cost-sharing amounts1 to the enrollee for the services1 and the difference between the billed charge and the amount the plan pays1 adjusted by any balance billing limitation through ,state and ,federal regulatory and statutory requirements that might apply2 7#d7 the number of out-of-network claims reported under paragraph 7#b7 that are for emergency services2 and 7#e7 the number of out-of-network claims reported under paragraph 7#b7 that relate to care at in-network hospitals or facilities provided by out-of-network providers4 7b7 ,clarification ,the information required to be submitted under this section shall be in addition to the information required to be submitted under section #bgae;,a4 4 #aj4 ,applicability to ,states with surprise billing laws 7a7 ,general application 7#a7 ,in general ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to prohibit a ,state from enacting patient protections that are greater than those provided for in such amendments4 7#b7 ,application to all plans ,in the case of a group health plan1 individual health plan1 and non-,federal governmental health plan offered in a ,state that has not enacted a law to determine the payment resolution between enrollees and health care facilities or professionals relating to surprise medical bills1 the procedures applicable to self-insured group health plans for the resolution of surprise medical bills under this ,act 7including the amendments made by this ,act71 shall apply to determine compensation with respect to a surprise medical bill1 until such time as the ,state enacts a law providing for such a resolution methodology4 7b7 ,provisions applicable to ,,erisa ,section #gae of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aahe;d7 is amended by adding at the end the following3 7c7 ,prohibitions on balance billing 7#a7 ,fully insured plans ,in the case of a fully insured group health plan-- 7,a7 a ,state may establish procedures for determining the appropriate compensation applicable to surprise medical bills between a participant or beneficiary and a health care facility or professional so long as the methodology used relies on the definition of surprise medical bill and the prohibitions contained in section #bgbi;,a of the ,public ,health ,service ,act2 and 7,b7 a ,state may enact laws relating to rate-setting1 independent dispute resolution1 an in-network guarantee1 or an alternative methodology that complies with paragraph 7#a74 7#b7 ,self-insured plans ,in the case of a self-insured group health plan1 the resolution methodology provided for under section #bgbi;,a of the ,public ,health ,service ,act1 shall be used to determine compensation with respect to a surprise medical bill4 4 7c7 ,,fehbp ,in the case of a health plan under chapter #hi of title #e1 ,united ,states ,code1 the resolution methodology provided for under this ,act 7including the amendments made by this ,act71 shall be used to determine compensation with respect to a surprise medical bill4 #aa4 ,balance billing study 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in consultation with the ,secretary of ,labor1 shall conduct a study of the effects of this ,act 7including the amendments made by this ,act71 and submit to ,congress a report on the findings of such study1 which shall include information and analysis on-- 7#a7 the financial impact on patient responsibility for health care spending and overall health care spending2 7#b7 the incidence and prevalence of the delivery of out-of-network health care services2 7#c7 the adequacy of provider networks offered by health plans and health insurance issuers 7as such terms are defined in section #bgia of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia772 7#d7 the impact of connecting reimbursement to different claims databases2 7#e7 the number of bills that go to the independent dispute resolution process2 and 7#f7 the administrative cost of the independent dispute resolution process and estimated impact on health insurance premiums and deductibles4 7b7 ,information requirements ,the information provided in the report under subsection 7a7 shall be-- 7#a7 disaggregated by ,state and according to the fully insured and the self-insured markets2 and 7#b7 with respect to paragraphs 7#a7 through 7#c7 of such subsection1 made available to the public electronically in a searchable database4