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21LSO-0285
2021
STATE OF WYOMING
21LSO-0285
Numbered
2.0
HOUSE BILL NO. HB0083
Health care cost control.
Sponsored by: Representative(s) Stith, Hallinan and MacGuire and Senator(s) Boner, Kolb and Steinmetz
A BILL
for
AN ACT relating to health care services; prohibiting the delivery of health care services as specified on more favorable terms or conditions for insured than for uninsured persons; imposing civil liability for alleged violations by health care service providers; amending the Wyoming Governmental Claims Act accordingly; providing definitions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
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2
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122 is created to read:
35
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2
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122.
Health care service price parity for insured and uninsured persons; remedies.
(a)
No health care service provider shall charge or attempt to collect from a patient who is not receiving services or benefits under a private health benefit plan a price higher than, or on terms and conditions less favorable than, the lowest price and most favorable terms that the health care service provider would have accepted as full payment in connection with any patient receiving services or benefits under a private health benefit plan, for the delivery of the same or substantially similar health care services during the relevant time period.
(b)
Any person who received a health care service delivered by a health care service provider in contravention of subsection (a) of this section may bring a civil action against the health care service provider to recover damages, to include treble damages, which the person sustained as a result of the violation of subsection (a) of this section by the health care service provider. A violation of this section by a health care service provider
shall not constitute a cognizable claim under any legal theory alleging medical malpractice.
(c)
As used in this section:
(i)
"Health care service" includes the furnishing of medicine, medical or surgical treatment, nursing, hospital service, complementary health services or any other necessary services of like character, whether or not contingent upon sickness or personal injury, as well as the furnishing to any person of any and all other services and goods for the purpose of preventing, alleviating, curing or healing human illness, physical disability or injury;
(ii)
"Health care service provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to furnish health care services in the ordinary course of business or practice of a profession;
(iii)
"Private health benefit plan" means as defined by W.S. 26
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1
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102(a)(xxxiii).
(d)
This section shall apply to negotiated private health benefit plan
agreements between any health care service provider and any insurer under title 26 of Wyoming statutes but shall not be construed to disallow differing incentives, reimbursement rates or other terms and conditions among negotiated private health benefit plan
group health insurance agreements entered by health care service providers.
Section 2.
W.S. 1
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39
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109 by creating a new subsection (c) is amended to read:
1
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39
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109.
Liability; medical facilities.
(c)
A governmental entity is liable for damages resulting from a violation under W.S. 35
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2
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122 by a public health care service provider as defined by W.S. 35
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2
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122(c)(ii).
Section 3
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This act is effective July 1, 2021
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(END)
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HB0083