Senate File 26 - Introduced





                                       SENATE FILE       
                                       BY  BOLKCOM and HATCH


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to hospital discounts to uninsured patients, and
  2    providing civil penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1609XS 83
  5 pf/rj/24

PAG LIN



  1  1             HOSPITAL DISCOUNTS TO THE UNINSURED ACT
  1  2    Section 1.  NEW SECTION.  135B.35  SHORT TITLE.
  1  3    This division shall be known and may be cited as the
  1  4 "Hospital Discounts to the Uninsured Act".
  1  5    Sec. 2.  NEW SECTION.  135B.36  DEFINITIONS.
  1  6    As used in this division, unless the context otherwise
  1  7 requires:
  1  8    1.  "Cost=to=charge ratio" means the ratio of a hospital's
  1  9 costs to its charges taken from its most recently filed
  1 10 Medicare cost report.
  1 11    2.  "Critical access hospital" means a hospital designated
  1 12 as a critical access hospital pursuant to 42 U.S.C. } 1395i=4.
  1 13    3.  "Family income" means the sum of a family's annual
  1 14 earnings and cash benefits from all sources before taxes, less
  1 15 payments made for child support.
  1 16    4.  "Federal poverty income guidelines" means the federal
  1 17 poverty level as defined by the most recently revised poverty
  1 18 income guidelines published by the United States department of
  1 19 health and human services.
  1 20    5. "Health care services" means any medically necessary
  1 21 inpatient or outpatient hospital service, including
  1 22 pharmaceuticals or supplies provided by a hospital to a
  1 23 patient.
  1 24    6.  "Hospital" means a hospital licensed under this
  1 25 chapter.
  1 26    7.  "Iowa resident" means an individual who lives in Iowa
  1 27 with the intent to remain living in Iowa indefinitely.  "Iowa
  1 28 resident" does not include an individual who relocates to this
  1 29 state for the sole purpose of receiving health care services.
  1 30    8.  "Medically necessary" means any inpatient or outpatient
  1 31 hospital service, including pharmaceuticals or supplies
  1 32 provided by a hospital to a patient, covered under Title XVIII
  1 33 of the federal Social Security Act for beneficiaries with the
  1 34 same clinical presentation as the uninsured patient.  A
  1 35 "medically necessary" service does not include any of the
  2  1 following:
  2  2    a.  Nonmedical services such as social and vocational
  2  3 services.
  2  4    b.  Elective cosmetic surgery, unless it is cosmetic
  2  5 surgery designed to correct disfigurement caused by injury,
  2  6 illness, or congenital defect or deformity.
  2  7    9.  "Rural hospital" means a hospital that is located
  2  8 outside a federally designated metropolitan statistical area
  2  9 as determined by the United States census bureau.
  2 10    10.  "Uninsured discount" means a hospital's charges
  2 11 multiplied by the uninsured discount factor.
  2 12    11.  "Uninsured discount factor" means one less the product
  2 13 of a hospital's cost=to=charge ratio multiplied by one and
  2 14 thirty=five one=hundredths.
  2 15    12.  "Uninsured patient" means an Iowa resident who is a
  2 16 patient of a hospital and is not covered under a policy of
  2 17 health insurance and is not a beneficiary under a public or
  2 18 private health insurance, health benefit, or other health
  2 19 coverage program, including high deductible health insurance
  2 20 plans, workers' compensation, accident liability insurance, or
  2 21 other third=party liability coverage.
  2 22    Sec. 3.  NEW SECTION.  135B.37  UNINSURED PATIENT
  2 23 DISCOUNTS.
  2 24    1.  ELIGIBILITY.
  2 25    a.  A hospital, other than a rural hospital or critical
  2 26 access hospital, shall provide a discount from its charges to
  2 27 any uninsured patient, who applies for a discount and has
  2 28 family income of not more than six hundred percent of the
  2 29 federal poverty income guidelines, for all medically necessary
  2 30 health care services exceeding three hundred dollars in any
  2 31 one inpatient admission or outpatient encounter.
  2 32    b.  A rural hospital or critical access hospital shall
  2 33 provide a discount from its charges to any uninsured patient,
  2 34 who applies for a discount and has annual family income of not
  2 35 more than three hundred percent of the federal poverty income
  3  1 guidelines, for all medically necessary health care services
  3  2 exceeding three hundred dollars in any one inpatient admission
  3  3 or outpatient encounter.
  3  4    2.  DISCOUNT.  For all health care services exceeding three
  3  5 hundred dollars in any one inpatient admission or outpatient
  3  6 encounter, a hospital shall not collect from an uninsured
  3  7 patient, deemed eligible under subsection 1, more than the
  3  8 hospital's charges less the amount of the uninsured discount.
  3  9    3.  MAXIMUM COLLECTIBLE AMOUNT.
  3 10    a.  The maximum amount that may be collected in a twelve=
  3 11 month period, for health care services provided by the
  3 12 hospital from a patient determined by that hospital to be
  3 13 eligible under subsection 1, is twenty=five percent of the
  3 14 patient's family income, subject to the patient's continued
  3 15 eligibility under this division.
  3 16    b.  The twelve=month period to which the maximum
  3 17 collectible amount limitation applies shall begin on the first
  3 18 date an uninsured patient receives health care services that
  3 19 are determined to be eligible for the uninsured discount at
  3 20 that hospital.  To be eligible to have the maximum collectible
  3 21 amount limitation applied to subsequent charges, the uninsured
  3 22 patient shall inform the hospital in subsequent inpatient
  3 23 admissions or outpatient encounters that the patient has
  3 24 previously received health care services from that hospital
  3 25 and was determined to be entitled to the uninsured discount.
  3 26    c.  (1)  A hospital in a metropolitan statistical area may
  3 27 adopt a policy to exclude an uninsured patient from the
  3 28 application of paragraph "a" when the patient owns assets
  3 29 having a value in excess of six hundred percent of the federal
  3 30 poverty income guidelines.  A critical access hospital or
  3 31 hospital outside a metropolitan statistical area may adopt a
  3 32 policy to exclude an uninsured patient from application of
  3 33 paragraph "a" when the patient owns assets having a value in
  3 34 excess of three hundred percent of the federal poverty income
  3 35 guidelines.
  4  1    (2)  In determining the percentage of the uninsured
  4  2 patient's assets, all of the following shall be excluded:
  4  3    (a)  The patient's primary residence.
  4  4    (b)  Personal property exempt from judgment under section
  4  5 627.6.
  4  6    (c)  Any amounts held in a pension or retirement plan,
  4  7 provided however that distributions and payments from pension
  4  8 or retirement plans may be included as income for the purposes
  4  9 of this division.
  4 10    4.  STATEMENT OF DISCOUNT.  Each hospital bill, invoice, or
  4 11 other summary of charges to an uninsured patient shall include
  4 12 with it, or on it, a prominent statement that an uninsured
  4 13 patient who meets certain income requirements may qualify for
  4 14 an uninsured discount and information regarding how an
  4 15 uninsured patient may apply for consideration under the
  4 16 hospital's financial assistance policy.
  4 17    Sec. 4.  NEW SECTION.  135B.38  PATIENT AND HOSPITAL
  4 18 RESPONSIBILITY.
  4 19    1.  APPLICATION FOR OTHER COVERAGE.  A hospital may make
  4 20 the availability of a discount and the maximum collectible
  4 21 amount under this division contingent upon the uninsured
  4 22 patient first applying for coverage under public programs or
  4 23 any other program, if there is a reasonable basis to believe
  4 24 that the uninsured patient may be eligible for such program.
  4 25    2.  APPLICATION FOR DISCOUNT.  A hospital shall permit an
  4 26 uninsured patient to apply for a discount within sixty days of
  4 27 the date of discharge or date of service.
  4 28    3.  INCOME VERIFICATION.  A hospital may require an
  4 29 uninsured patient who is requesting an uninsured discount to
  4 30 provide documentation of family income.  Acceptable family
  4 31 income documentation shall include any of the following:
  4 32    a.  A copy of the uninsured patient's most recent tax
  4 33 return.
  4 34    b.  A copy of the uninsured patient's most recent internal
  4 35 revenue service W=2 and 1099 forms.
  5  1    c.  Copies of the uninsured patient's most recent wage
  5  2 payment stubs.
  5  3    d.  Written income verification from an employer if paid in
  5  4 cash.
  5  5    e.  Another reasonable form of third=party income
  5  6 verification deemed acceptable to the hospital.
  5  7    4.  ASSET VERIFICATION.  A hospital may require an
  5  8 uninsured patient who is requesting an uninsured discount to
  5  9 certify the existence of assets owned by the patient and to
  5 10 provide documentation of the value of such assets.  Acceptable
  5 11 documentation may include statements from financial
  5 12 institutions or some other third=party verification of an
  5 13 asset's value.  If third=party verification does not exist,
  5 14 the patient shall certify as to the estimated value of the
  5 15 asset.
  5 16    5.  IOWA RESIDENT VERIFICATION.  A hospital may require an
  5 17 uninsured patient who is requesting an uninsured discount to
  5 18 verify Iowa residency.  Acceptable verification of Iowa
  5 19 residency shall include any of the following:
  5 20    a.  Any of the documents listed in subsection 3.
  5 21    b.  A valid state=issued identification card.
  5 22    c.  A recent residential utility bill.
  5 23    d.  A lease agreement.
  5 24    e.  A vehicle registration card.
  5 25    f.  A voter registration card.
  5 26    g.  Mail addressed to the uninsured patient at an Iowa
  5 27 address from a government or other credible source.
  5 28    h.  A statement from a family member of the uninsured
  5 29 patient who resides at the same address and presents
  5 30 verification of residency.
  5 31    i.  A letter from a homeless shelter, transitional house,
  5 32 or other similar facility verifying that the uninsured patient
  5 33 resides at the facility.
  5 34    6.  CERTIFICATION OF INFORMATION == FORFEITURE.  A hospital
  5 35 may require patients to certify that all of the information
  6  1 provided in the application is true.  The application may
  6  2 state that if any of the information is untrue, any discount
  6  3 granted to the patient is forfeited and the patient is
  6  4 responsible for payment of the hospital's full charges.
  6  5    7.  DETERMINATION OF TWELVE=MONTH MAXIMUM.  In order for a
  6  6 hospital to determine the twelve=month maximum amount that can
  6  7 be collected from a patient deemed eligible under section
  6  8 135B.37, an uninsured patient shall inform the hospital in
  6  9 subsequent inpatient admissions or outpatient encounters that
  6 10 the patient has previously received health care services from
  6 11 that hospital and was determined to be entitled to the
  6 12 uninsured discount.
  6 13    8.  HOSPITAL OBLIGATION.  A hospital's obligation toward an
  6 14 individual uninsured patient under this division shall cease
  6 15 if that patient unreasonably fails or refuses to provide the
  6 16 hospital with information or documentation requested under
  6 17 subsection 3, 4, or 5, or to apply for coverage under public
  6 18 programs when requested under subsection 1, within thirty days
  6 19 of the hospital's request.
  6 20    Sec. 5.  NEW SECTION.  135B.39  EXEMPTIONS AND LIMITATIONS.
  6 21    1.  A hospital that does not charge for its services is
  6 22 exempt from the provisions of this division.
  6 23    2.  This division shall not be used by a private or public
  6 24 health care insurer or plan as a basis for reducing its
  6 25 payment or reimbursement rates or policies with respect to any
  6 26 hospital.  Notwithstanding any other provisions of law,
  6 27 discounts authorized under this division shall not be used by
  6 28 a private or public health care insurer or plan, regulatory
  6 29 agency, arbitrator, court, or other third=party to determine a
  6 30 hospital's usual and customary charges for any health care
  6 31 service.
  6 32    3.  This division shall not be construed to require a
  6 33 hospital to provide an uninsured patient with a particular
  6 34 type of health care service or other service.
  6 35    Sec. 6.  NEW SECTION.  135B.40  ENFORCEMENT.
  7  1    1.  The department shall administer and ensure compliance
  7  2 with this division, including adoption of any rules necessary
  7  3 for the implementation and enforcement of this division.
  7  4    2.  The department shall develop and implement a process
  7  5 for receiving and handling complaints from individuals or
  7  6 hospitals regarding alleged violations of this division.
  7  7    3.  Each hospital shall file worksheet C part I from the
  7  8 hospital's most recently filed Medicare cost report with the
  7  9 department, annually, within thirty days of filing the
  7 10 Medicare cost report with the hospital's Medicare fiscal
  7 11 intermediary.
  7 12    4.  The department may conduct any investigation deemed
  7 13 necessary regarding possible violations of this division by
  7 14 any hospital including the issuance of subpoenas to:
  7 15    a.  Require the hospital to file a statement or report or
  7 16 answer interrogatories in writing as to all information
  7 17 relevant to the alleged violations.
  7 18    b.  Examine under oath any person who possesses knowledge
  7 19 or information directly related to the alleged violations.
  7 20    c.  Examine any record, book, document, account, or paper
  7 21 necessary to investigate the alleged violations.
  7 22    5.  If the department determines that there is reason to
  7 23 believe that any hospital has violated this division, the
  7 24 department may bring an action for injunctive relief for any
  7 25 act, policy, or practice by the hospital that violates this
  7 26 division.
  7 27    6.  The department may seek the assessment of a civil
  7 28 penalty not to exceed five hundred dollars per violation in
  7 29 any action filed under this division if a hospital, by pattern
  7 30 or practice, knowingly violates section 135B.37.
  7 31    7.  If a hospital is found to have violated this division,
  7 32 following exhaustion of all appeals, the department may
  7 33 suspend or revoke the hospital's license.
  7 34                           EXPLANATION
  7 35    This bill creates a new division in Code chapter 135B
  8  1 (licensure and regulation of hospitals).  The division is
  8  2 entitled the "Hospital Discounts to the Uninsured Act".
  8  3    The bill provides definitions including "cost=to=charge
  8  4 ratio", "family income", "federal poverty income guidelines",
  8  5 "Iowa resident", "medically necessary", "uninsured discount",
  8  6 "uninsured discount factor", and "uninsured patient" for the
  8  7 purposes of the division.
  8  8    The bill specifies the formula for computing the discount.
  8  9 Under the bill, eligibility of individuals for an uninsured
  8 10 patient discount applies to individuals receiving medically
  8 11 necessary services at a hospital, other than a critical access
  8 12 hospital or a rural hospital, with family incomes of not more
  8 13 than 600 percent of the federal poverty income guidelines, for
  8 14 health care services exceeding $300 in any one inpatient
  8 15 admission or outpatient encounter.  The uninsured patient
  8 16 discount also applies to uninsured patients receiving
  8 17 medically necessary services at a rural hospital or critical
  8 18 access hospital with annual family incomes of not more than
  8 19 300 percent of the federal poverty income guidelines for all
  8 20 medically necessary services exceeding $300 in any one
  8 21 inpatient admission or outpatient encounter.
  8 22    The bill establishes a maximum collectible amount during a
  8 23 12=month period.  The bill provides that a hospital may
  8 24 exclude an uninsured patient from application of the discount
  8 25 if the uninsured patient has a specified amount of assets.
  8 26 The bill directs hospitals to provide a prominent statement of
  8 27 the uninsured discount in bills, invoices, or other summaries
  8 28 of charges to uninsured patients.
  8 29    The bill specifies patient responsibilities and hospital
  8 30 obligations.  A hospital may require that an uninsured patient
  8 31 first apply for public programs or other third=party coverage
  8 32 if there is a reasonable basis to believe that the uninsured
  8 33 patient may be eligible for such program, prior to the
  8 34 patient's application for the uninsured patient discount.  A
  8 35 patient applying for the discount is responsible for verifying
  9  1 the patient's family income, assets, and residence.  The
  9  2 hospitals obligation to the patient may cease if the patient
  9  3 unreasonably fails or refuses to provide the information and
  9  4 documentation requested with 30 days of the hospital's
  9  5 request.
  9  6    The bill provides that a hospital that does not charge for
  9  7 its services is exempt from the provisions of the bill.  The
  9  8 bill also provides that nothing in the bill is to be used by
  9  9 any private or public health care insurer or plan as a basis
  9 10 for reducing its payment or reimbursement rates or policies
  9 11 with respect to any hospital.  Discounts authorized under the
  9 12 bill are also not to be used by any private or public health
  9 13 care insurer or plan, regulatory agency, arbitrator, court, or
  9 14 other third=party to determine a hospital's usual and
  9 15 customary charges for any health care service.  Nothing in the
  9 16 bill is to be construed to require a hospital to provide an
  9 17 uninsured patient with a particular type of health care
  9 18 service or other service.
  9 19    The bill provides for enforcement by the department of
  9 20 inspections and appeals.  The bill authorizes subpoena power
  9 21 on the part of the department in an investigation of possible
  9 22 violations of the bill to require the hospital to file a
  9 23 statement or report or answer interrogatories in writing as to
  9 24 all information relevant to the alleged violations; examine
  9 25 under oath any person who possesses knowledge or information
  9 26 directly related to the alleged violations; and to examine any
  9 27 record, book, document, account, or paper necessary to
  9 28 investigate the alleged violation.  If the department
  9 29 determines that there is reason to believe that any hospital
  9 30 has violated the bill, the department may bring an action for
  9 31 injunctive relief.  The department may also seek the
  9 32 assessment of a civil penalty not to exceed $500 per violation
  9 33 if a hospital knowingly violates the uninsured patient
  9 34 discount provisions of the bill.  Finally, if a hospital is
  9 35 found to have violated the bill, following exhaustion of all
 10  1 appeals, the department may suspend or revoke the hospital's
 10  2 license.
 10  3 LSB 1609XS 83
 10  4 pf/rj/24.1