Sec. 303. Banning facility fees for certain services
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Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–131 et seq.), as amended by section 302(b), is further amended by adding at the end the following: With respect to applicable items and services furnished to an individual on or after January 1, 2026, a health care provider or facility may not charge a facility fee (regardless of how the fee is labeled) to a group health plan, a health insurance issuer offering group or individual health insurance coverage, a participant, beneficiary, or enrollee in such a plan or coverage, or an individual patient who is not covered by a group health plan, health insurance coverage, or a Federal health care program (as defined in section 1128(f) of the Social Security Act).
In this section, the term applicable items and services means— evaluation and management services described in section 1833(cc)(1)(B)(i) of the Social Security Act; outpatient behavioral health services (not including partial hospitalizations, intensive outpatient program services, and other services not typically provided in an office setting (as the Secretary may determine)); and any items and services (including the items and services described in paragraphs
(1)and (2)) furnished via telehealth. .
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- 42 USC 300gg–131
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Sec. 303
Banning facility fees for certain services
Cite42 USC 300gg–131
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