Compliance

CA Supreme Court to Address Whether Hospitals Must Disclose ER Visit Fees Before Treating Patient

For over a decade, at least 15 different class action lawsuits have been filed against California hospitals for failing to disclose their facility fees before patients were treated. The suits claim that hospitals failed to advise patients arriving at their emergency rooms that they would be charged an “evaluation and management services fee” (EMS fee), which violated the state’s unfair competition law (Bus. & Prof. Code § 17200 et seq.) and Consumers Legal Remedies Act (Civ. Code § 1750 et seq.).  

CDPH Releases Two New AFLs

The California Department of Public Health recently released new All Facilities Letters (AFL) on licensing and certification applications and fiscal year 2023-24 health care facility license schedule. 

FAQs Issued on No Surprises Act Price Transparency Requirements

On July 7, the Centers for Medicare & Medicaid Services’ Center for Consumer Information and Insurance Oversight issued the new No Surprises Act (NSA) frequently asked questions (FAQs). While the FAQs cover several topics, most importantly, they clarify that “facility fees” are included in the definition of “items and services” for purposes of the machine-readable file that health plans are required to post under the NSA’s Transparency in Coverage provisions and the provider uninsured good faith estimate requirements.