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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 889 By: Murdock
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6 AS INTRODUCED
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7 An Act relating to hospitals; defining terms;
7 requiring hospitals to make public certain file and
8 list; stating requirements for list of standard
8 charges; requiring certain digital publication of
9 specified information; requiring certain online
9 display of list; stipulating requirements related to
10 accessibility and formatting of list; requiring
10 annual update of list; stating requirements for list
11 of standard charges and selection of shoppable
11 services; requiring list to include certain
12 information; directing certain display and
12 availability of list; authorizing certain compliance
13 monitoring by the State Department of Health;
13 authorizing certain actions for noncompliance;
14 defining material violation; authorizing issuance of
14 certain notice upon certain determination; specifying
15 certain requirements for corrective action plans;
15 prohibiting certain collection actions by
16 noncompliant hospitals; authorizing certain civil
16 actions; imposing certain requirements on hospitals
17 found noncompliant; providing certain construction;
17 repealing 63 O.S. 2021, Sections 1-725.1, 1-725.2, 1-
18 725.3, 1-725.4, and 1-725.5, which relate to the
18 Transparency in Health Care Prices Act; providing for
19 codification; and providing an effective date.
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22 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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1 SECTION 1. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1-725.11 of Title 63, unless
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3 there is created a duplication in numbering, reads as follows:
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4 As used in this act:
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5 1. "Ancillary service" means a hospital item or service that a
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6 hospital customarily provides as part of a shoppable service;
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7 2. "Chargemaster" means the list of all hospital items or
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8 services maintained by a hospital for which the hospital has
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9 established a charge;
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10 3. "De-identified maximum negotiated charge" means the highest
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11 charge that a hospital has negotiated with all third-party payors
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12 for a hospital item or service;
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13 4. "De-identified minimum negotiated charge" means the lowest
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14 charge that a hospital has negotiated with all third-party payors
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15 for a hospital item or service;
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16 5. "Department" means the State Department of Health;
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17 6. "Discounted cash price" means the charge that applies to an
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18 individual who pays cash, or a cash equivalent, for a hospital item
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19 or service;
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20 7. "Gross charge" means the charge for a hospital item or
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21 service that is reflected on a hospital's chargemaster, absent any
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22 discounts;
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23 8. "Hospital" means a hospital:
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1 a. licensed under Section 1-702 of Title 63 of the
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2 Oklahoma Statutes, or
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3 b. owned or operated by a state agency;
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4 9. "Hospital items or services" means all items and services,
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5 including individual items and services and service packages, that
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6 may be provided by a hospital to a patient in connection with an
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7 inpatient admission or an outpatient department visit, as
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8 applicable, for which the hospital has established a standard
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9 charge, including:
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10 a. supplies and procedures,
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11 b. room and board,
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12 c. use of the facility and other areas, generally
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13 referred to as facility fees,
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14 d. services of physicians and non-physician
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15 practitioners, generally referred to as professional
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16 charges, and
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17 e. any other item or service for which a hospital has
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18 established a standard charge;
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19 10. "Machine-readable format" means a digital representation of
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20 information in a file that can be imported or read into a computer
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21 system for further processing. The term includes Extensible Markup
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22 Language (.XML), JavaScript Object Notation (.JSON), and Comma-
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23 Separated Values (.CSV) formats;
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1 11. "Payor-specific negotiated charge" means the charge that a
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2 hospital has negotiated with a third-party payor for a hospital item
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3 or service;
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4 12. "Service package" means an aggregation of individual
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5 hospital items or services into a single service with a single
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6 charge;
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7 13. "Shoppable service" means a service that may be scheduled
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8 by a health care consumer in advance;
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9 14. "Standard charge" means the regular rate established by the
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10 hospital for a hospital item or service provided to a specific group
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11 of paying patients. The term includes all of the following, as
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12 defined under this section:
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13 a. the gross charge,
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14 b. the payor-specific negotiated charge,
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15 c. the de-identified minimum negotiated charge,
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16 d. the de-identified maximum negotiated charge, and
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17 e. the discounted cash price; and
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18 15. "Third-party payor" means an entity that is, by statute,
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19 contract, or agreement, legally responsible for payment of a claim
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20 for a hospital item or service.
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21 SECTION 2. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 1-725.12 of Title 63, unless
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23 there is created a duplication in numbering, reads as follows:
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24 Notwithstanding any other law, a hospital shall make public:
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1 1. A digital file in a machine-readable format that contains a
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2 list of all standard charges for all hospital items or services as
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3 described by Section 3 of this act; and
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4 2. A consumer-friendly list of standard charges for a limited
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5 set of shoppable services as provided in Section 4 of this act.
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6 SECTION 3. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 1-725.13 of Title 63, unless
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8 there is created a duplication in numbering, reads as follows:
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9 A. A hospital shall:
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10 1. Maintain a list of all standard charges for all hospital
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11 items or services in accordance with this section; and
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12 2. Ensure the list required under paragraph 1 of this
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13 subsection is available at all times to the public, including by
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14 posting the list electronically in the manner provided by this
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15 section.
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16 B. The standard charges contained in the list required to be
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17 maintained by a hospital under subsection A of this section shall
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18 reflect the standard charges applicable to that location of the
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19 hospital, regardless of whether the hospital operates in more than
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20 one location or operates under the same license as another hospital.
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21 C. The list required under subsection A of this section shall
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22 include the following items, as applicable:
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23 1. A description of each hospital item or service provided by
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24 the hospital;
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1 2. The following charges for each individual hospital item or
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2 service when provided in either an inpatient setting or an
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3 outpatient department setting, as applicable:
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4 a. the gross charge,
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5 b. the de-identified minimum negotiated charge,
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6 c. the de-identified maximum negotiated charge,
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7 d. the discounted cash price, and
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8 e. the payor-specific negotiated charge, listed by the
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9 name of the third-party payor and plan associated with
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10 the charge and displayed in a manner that clearly
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11 associates the charge with each third-party payor and
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12 plan; and
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13 3. Any code used by the hospital for purposes of accounting or
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14 billing for the hospital item or service, including the Current
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15 Procedural Terminology (CPT) code, the Healthcare Common Procedure
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16 Coding System (HCPCS) code, the Diagnosis Related Group (DRG) code,
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17 the National Drug Code (NDC), or other common identifier.
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18 D. The information contained in the list required under
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19 subsection A of this section shall be published in a single digital
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20 file that is in a machine-readable format.
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21 E. The list required under subsection A of this section shall
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22 be displayed in a prominent location on the hospital's publicly
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23 accessible Internet website. If the hospital operates multiple
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24 locations and maintains a single Internet website, the list required
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1 under subsection A of this section shall be posted for each location
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2 the hospital operates in a manner that clearly associates the list
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3 with the applicable location of the hospital.
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4 F. The list required under subsection A of this section shall:
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5 1. Be available:
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6 a. free of charge,
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7 b. without having to establish a user account or
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8 password, and
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9 c. without having to submit personal identifying
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10 information;
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11 2. Be digitally searchable; and
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12 3. Use the Centers for Medicare and Medicaid Services naming
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13 convention specified under 45 C.F.R., Section 180.50.
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14 G. The hospital shall update the list required under subsection
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15 A of this section at least once each year. The hospital shall
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16 clearly indicate the date on which the list was most recently
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17 updated, either on the list or in a manner that is clearly
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18 associated with the list.
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19 SECTION 4. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 1-725.14 of Title 63, unless
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21 there is created a duplication in numbering, reads as follows:
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22 A. Except as provided by subsection C of this section, a
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23 hospital shall maintain and make publicly available a list of the
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24 standard charges described by Section 3 of this act for each of at
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1 least three hundred shoppable services provided by the hospital.
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2 The hospital may select the shoppable services to be included in the
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3 list, except that the list shall include:
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4 1. The seventy services specified as shoppable services by the
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5 Centers for Medicare and Medicaid Services; or
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6 2. If the hospital does not provide all of the shoppable
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7 services described by paragraph 1 of this subsection, as many of
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8 those shoppable services the hospital does provide.
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9 B. In selecting a shoppable service for purposes of inclusion
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10 in the list required under subsection A of this section, a hospital
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11 shall consider how frequently the hospital provides the service and
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12 the hospital's billing rate for that service.
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13 C. If a hospital does not provide three hundred shoppable
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14 services, the hospital shall maintain a list of the total number of
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15 shoppable services that the hospital provides in a manner that
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16 otherwise complies with the requirements of subsection A of this
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17 section.
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18 D. The list required under subsection A or C of this section,
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19 as applicable, shall:
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20 1. Include:
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21 a. a plain-language description of each shoppable service
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22 included on the list,
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23 b. the payor-specific negotiated charge that applies to
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24 each shoppable service included on the list and any
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1 ancillary service, listed by the name of the third-
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2 party payor and plan associated with the charge and
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3 displayed in a manner that clearly associates the
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4 charge with the third-party payor and plan,
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5 c. the discounted cash price that applies to each
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6 shoppable service included on the list and any
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7 ancillary service or, if the hospital does not offer a
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8 discounted cash price for one or more of the shoppable
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9 or ancillary services on the list, the gross charge
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10 for the shoppable service or ancillary service, as
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11 applicable,
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12 d. the de-identified minimum negotiated charge that
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13 applies to each shoppable service included on the list
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14 and any ancillary service,
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15 e. the de-identified maximum negotiated charge that
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16 applies to each shoppable service included on the list
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17 and any ancillary service, and
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18 f. any code used by the hospital for purposes of
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19 accounting or billing for each shoppable service
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20 included on the list and any ancillary service,
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21 including the Current Procedural Terminology (CPT)
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22 code, the Healthcare Common Procedure Coding System
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23 (HCPCS) code, the Diagnosis Related Group (DRG) code,
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1 the National Drug Code (NDC), or other common
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2 identifier; and
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3 2. If applicable:
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4 a. state each location at which the hospital provides the
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5 shoppable service and whether the standard charges
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6 included in the list apply at that location to the
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7 provision of that shoppable service in an inpatient
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8 setting, an outpatient department setting, or in both
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9 of those settings, as applicable, and
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10 b. indicate if one or more of the shoppable services
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11 specified by the Centers for Medicare and Medicaid
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12 Services is not provided by the hospital.
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13 E. The list required under subsection A or C of this section,
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14 as applicable, shall be:
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15 1. Displayed in the manner prescribed by subsection E of
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16 Section 3 of this act for the list required under that section;
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17 2. Available:
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18 a. free of charge,
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19 b. without having to register or establish a user account
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20 or password, and
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21 c. without having to submit personal identifying
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22 information;
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23 3. Searchable by service description, billing code, and payor;
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24 and
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1 4. Updated in the manner prescribed by subsection G of Section
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2 3 of this act for the list required under that section.
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3 F. Notwithstanding any other provision of this section, a
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4 hospital is considered to meet the requirements of this section if
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5 the hospital maintains, as determined by the State Department of
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6 Health, an Internet-based price estimator tool that:
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7 1. Provides a cost estimate for each shoppable service and any
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8 ancillary service included on the list maintained by the hospital
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9 under subsection A of this section;
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10 2. Allows a person to obtain an estimate of the amount the
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11 person will be obligated to pay the hospital if the person elects to
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12 use the hospital to provide the service; and
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13 3. Is:
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14 a. prominently displayed on the hospital's publicly
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15 accessible Internet website, and
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16 b. accessible to the public:
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17 (1) without charge, and
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18 (2) without having to register or establish a user
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19 account or password.
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20 SECTION 5. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 1-725.15 of Title 63, unless
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22 there is created a duplication in numbering, reads as follows:
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1 A. The State Department of Health may monitor each hospital's
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2 compliance with the requirements of this act using any of the
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3 following methods:
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4 1. Evaluating complaints made by persons to the Department
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5 regarding noncompliance with this act;
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6 2. Reviewing any analysis prepared regarding noncompliance with
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7 this act; and
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8 3. Auditing the Internet websites of hospitals for compliance
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9 with this act.
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10 B. If the Department determines that a hospital is not in
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11 compliance with a provision of this act, the Department may take any
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12 of the following actions:
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13 1. Provide a written notice to the hospital that clearly
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14 explains the manner in which the hospital is not in compliance with
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15 this act;
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16 2. Request a corrective action plan from the hospital if the
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17 hospital has materially violated a provision of this act, as
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18 determined under Section 6 of this act; and
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19 3. Impose an administrative penalty on the hospital and
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20 publicize the penalty on the Department's Internet website if the
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21 hospital fails to:
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22 a. respond to the Department's request to submit a
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23 corrective action plan, or
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1 b. comply with the requirements of a corrective action
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2 plan submitted to the Department.
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3 SECTION 6. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 1-725.16 of Title 63, unless
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5 there is created a duplication in numbering, reads as follows:
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6 A. A hospital materially violates this act if the hospital
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7 fails to publicize:
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8 1. Pricing information as required by Section 2 of this act; or
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9 2. The hospital's standard charges in the form and manner
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10 required by Sections 3 and 4 of this act.
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11 B. If the State Department of Health determines that a hospital
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12 has materially violated this act, the Department may issue a notice
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13 of material violation to the hospital and request that the hospital
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14 submit a corrective action plan. The notice shall indicate the form
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15 and manner in which the corrective action plan shall be submitted to
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16 the Department, and clearly state the date by which the hospital
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17 shall submit the plan.
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18 C. A hospital that receives a notice under subsection B of this
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19 section shall:
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20 1. Submit a corrective action plan in the form and manner, and
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21 by the specified date, prescribed by the notice of violation; and
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22 2. As soon as practicable after submission of a corrective
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23 action plan to the Department, act to comply with the plan.
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24 D. A corrective action plan submitted to the Department shall:
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1 1. Describe in detail the corrective action the hospital will
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2 take to address any violation identified by the Department in the
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3 notice provided under subsection B of this section; and
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4 2. Provide a date by which the hospital will complete the
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5 corrective action described by paragraph 1 of this subsection.
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6 E. A corrective action plan is subject to review and approval
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7 by the Department. After the Department reviews and approves a
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8 hospital's corrective action plan, the Department shall monitor and
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9 evaluate the hospital's compliance with the plan.
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10 F. A hospital is considered to have failed to respond to the
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11 Department's request to submit a corrective action plan if the
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12 hospital fails to submit a corrective action plan:
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13 1. In the form and manner specified in the notice provided
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14 under subsection B of this section; or
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15 2. By the date specified in the notice provided under
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16 subsection B of this section.
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17 G. A hospital is considered to have failed to comply with a
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18 corrective action plan if the hospital fails to address a violation
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19 within the specified period of time contained in the plan.
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20 SECTION 7. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 1-725.17 of Title 63, unless
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22 there is created a duplication in numbering, reads as follows:
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23 A. A hospital that is not in material compliance with this act
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24 on the date that items or services are purchased from or provided to
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1 a patient by the hospital shall not initiate or pursue collection
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2 action against the patient or patient guarantor for a debt owed for
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3 the items or services.
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4 B. If a patient believes that a hospital was not in material
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5 compliance with this act on a date on or after the effective date of
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6 this act that items or services were purchased by or provided to the
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7 patient, and the hospital takes a collection action against the
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8 patient or patient guarantor, the patient or patient guarantor may
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9 file suit to determine if the hospital was materially out of
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10 compliance with this act on the date of service and if the
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11 noncompliance is related to the items or services. The hospital
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12 shall not take a collection action against the patient or patient
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13 guarantor while the lawsuit is pending.
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14 C. A hospital that has been found by a judge or jury to be
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15 materially out of compliance with this act:
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16 1. Shall refund the payor any amount of the debt the payor has
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17 paid and shall pay a penalty to the patient or patient guarantor in
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18 an amount equal to the total amount of the debt;
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19 2. Shall dismiss or cause to be dismissed any court action with
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20 prejudice and pay any reasonable attorney fees and costs incurred by
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21 the patient or patient guarantor relating to the action; and
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22 3. Shall remove or cause to be removed from the patient's or
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23 patient guarantor's credit report any report made to a consumer
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24 reporting agency relating to the debt.
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1 D. Nothing in this act:
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2 1. Prohibits a hospital from billing a patient, patient
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3 guarantor, or third-party payor, including a health insurer, for
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4 items or services provided to the patient; or
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5 2. Requires a hospital to refund any payment made to the
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6 hospital for items or services provided to the patient, as long as
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7 no collection action is taken in violation of this act.
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8 SECTION 8. REPEALER 63 O.S. 2021, Sections 1-725.1, 1-
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9 725.2, 1-725.3, 1-725.4, and 1-725.5, are hereby repealed.
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10 SECTION 9. This act shall become effective November 1, 2025.
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12 60-1-159 DC 1/19/2025 5:45:19 AM
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Req. No. 159 Page 16Every fact on this page links to its source, starting with the official bill record.