An Act to Implement the Recommendations of the Task Force to Evaluate the Impact of Facility Fees on Patients to Improve Facility Fee Transparency and Notification and to Prohibit Facility Fees for Certain Services
Maine Legislature, Session 131, LD 2271
Committee: Health Coverage, Insurance and Financial Services
Amends: 22 MRSA §1718-B, 22 MRSA §1718-I, 22 MRSA §8712, 24-A MRSA §4316

Legislative Document
No. 2271
S.P. 987
In Senate, March 14, 2024
An Act to Implement the Recommendations of the Task Force to 
Evaluate the Impact of Facility Fees on Patients to Improve Facility 
Fee Transparency and Notification and to Prohibit Facility Fees for 
Certain Services
Reported by Senator BAILEY of York for the Joint Standing Committee on Health 
Coverage, Insurance and Financial Services pursuant to Public Law 2023, chapter 410, section 
2.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed pursuant to Joint Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1718-B, sub-§1, ¶A-1 is enacted to read:
A-1.  "Facility fee" means a fee charged or billed by a health care entity for outpatient 
services provided in a hospital-based facility that is:
(1)  Intended to compensate the hospital or health system for the operational 
expenses of the hospital or health system; and
(2)  Separate and distinct from a professional fee.
Sec. 2.  22 MRSA §1718-B, sub-§1, ¶C is enacted to read:
C.  "Hospital-based facility" means a facility that is owned or operated, in whole or in 
part, by a hospital or health system where hospital services or professional medical 
services are provided.
Sec. 3.  22 MRSA §1718-B, sub-§1, ¶D is enacted to read:
D.  "Professional fee" means a fee charged or billed by a health care entity for 
professional medical services provided in a hospital-based facility.
Sec. 4.  22 MRSA §1718-B, sub-§2, ¶E is enacted to read:
E.  A health care entity shall prominently display in a location that is readily accessible 
to a patient, including a patient waiting area, and on the health care entity’s publicly 
accessible website the following information:
(1)  Whether the health care entity is a hospital-based facility and, if so, the name 
of the hospital or health system and whether the health care entity charges a facility 
fee;
(2)  If a facility fee is charged, that the patient may incur a financial liability greater 
than the patient would incur if the services were provided in a facility that was not 
a hospital-based facility; and
(3)  How to access the publicly accessible website of the Maine Health Data 
Organization established pursuant to chapter 1683 for educational materials about 
facility fees and whether and under what circumstances depending on payor and 
type of service a facility fee may be charged.
Sec. 5.  22 MRSA §1718-I is enacted to read:
§1718-I.  Prohibition on facility fees for certain telehealth services
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Facility fee" has the same meaning as in section 1718‑B, subsection 1, paragraph 
A-1.
B.  "Health care entity" has the same meaning as in section 1718‑B, subsection 1, 
paragraph B.
C.  "Hospital-based facility" has the same meaning as in section 1718‑B, subsection 1, 
paragraph C.
2.  Facility fee prohibited; exception.  A health care entity may not impose a facility 
fee on a patient for telehealth services received by that patient unless the patient is 
physically present in a hospital-based facility when the telehealth services are delivered to 
the patient.
Sec. 6.  22 MRSA §8712, sub-§2-A, as enacted by PL 2023, c. 410, §1, is amended 
to read:
2-A.  Facility fees charged by health care providers.  By January 1, 2024, and 
annually thereafter, the organization shall produce and post on its publicly accessible 
website a report on the payments for facility fees made by payors to the extent that payment 
information is already reported to the organization. The organization shall submit the report 
required by this subsection to the Office of Affordable Health Care established in Title 5, 
section 3122 and the joint standing committee of the Legislature having jurisdiction over 
health data reporting and health insurance matters.  The joint standing committee may 
report out legislation based on the report to a first regular or second regular session of the 
Legislature, depending on the year in which the report is submitted. The organization shall 
produce and post on its publicly accessible website information designed to educate the 
public about facility fees and whether and under what circumstances depending on payor 
and type of service a facility fee may be charged.
For the purposes of this subsection, unless the context otherwise indicates, the following 
terms have the following meanings.
A.  "Facility fee" means any fee charged or billed by a health care provider for 
outpatient services provided in a hospital-based facility or freestanding emergency 
facility that is intended to compensate the health care provider for the operational 
expenses of the health care provider, separate and distinct from a professional fee, and 
charged or billed regardless of how a health care service is provided.
B.  "Health care provider" means a person, whether for profit or nonprofit, that 
furnishes bills or is paid for health care service delivery in the normal course of 
business. "Health care provider" includes, but is not limited to, a health system, 
hospital, hospital-based facility, freestanding emergency facility or urgent care clinic.
Sec. 7.  24-A MRSA §4316, sub-§3, ¶H is enacted to read:
H.  The carrier may not reimburse for a facility fee except with respect to a physically 
present patient as provided in Title 22, section 1718-I, subsection 2. 
SUMMARY
This bill is reported out by the Joint Standing Committee on Health Coverage, 
Insurance and Financial Services pursuant to Public Law 2023, chapter 410.  The bill 
implements certain recommendations of the Task Force to Evaluate the Impact of Facility 
Fees on Patients. 
The bill prohibits the charging of a facility fee by a health care entity for telehealth 
services unless the patient is physically present in a hospital-based facility when receiving 
those telehealth services.
The bill requires a health care entity to post notice in a location readily accessible to 
patients, including patient waiting areas, and on the entity’s publicly accessible website if 
the health care entity is a hospital-based facility that is part of a hospital or health system 
and whether a facility fee will be charged for receiving services. 
The bill also requires the Maine Health Data Organization to post information on its 
publicly accessible website relating to facility fees to educate the public about what facility 
fees are and the circumstances when facility fees may or may not be charged in association 
with the delivery of health care services.