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An Act To Prohibit Hospitals from Discussing Alternative Payment Options with Hospitalized Patients
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1716, as enacted by PL 1995, c. 653, Pt. B, §7 and affected by Pt. B, §8 and enacted by c. 696, Pt. A, §36, is amended to read:
§ 1716.Charity care guidelines
The department shall adopt reasonable guidelines for policies to be adopted and implemented by hospitals with respect to the provision of health care services to patients who are determined unable to pay for the services received. The department shall adopt income guidelines that are consistent with the guidelines applicable to the Hill-Burton Program established under 42 United States Code, Section 291, et seq. (1995). TheExcept as provided in section 1716-A, the guidelines and policies must include the requirement that upon admission or, in cases of emergency admission, before discharge of a patient, hospitals must investigate the coverage of the patient by any insurance or state or federal programs of medical assistance. The guidelines must include provisions for notice to the public and the opportunity for a fair hearing regarding eligibility for charity care.
Sec. 2.  22 MRSA §1716-A  is enacted to read:
§ 1716-A. Communication about alternative payment options with hospitalized patients
 
1.  Definition.     As used in this section, "alternative payment options" means a hospital charity care or financial assistance program, a state or federal program of medical assistance, a health insurance or health maintenance organization plan, a prescription drug coverage program or any other payment arrangement intended to provide payment for the costs associated with a patient's hospitalization.
 
2.  No communication about alternative payment options with patients during hospitalization.     A hospital licensed by the State under chapter 405 may not communicate with a patient regarding alternative payment options at any time during a patient's hospitalization unless that communication is requested by the patient.
 
3.  Permissible communication.     A hospital may communicate with a patient about alternative payment options prior to or upon the patient's admission to the hospital or at the time of discharge.
 
SUMMARY
This bill prohibits a hospital from communicating with a patient regarding alternative payment options at any time during a patient's hospitalization unless that communication is requested by the patient. The bill permits communication with a patient prior to or upon the patient's admission to the hospital or at the time of discharge.