HB 5770 — Health facilities: other; facility fees; prohibit under certain circumstances. Creates new act.

SUBSTITUTE FOR HOUSE BILL NO.

5770 MarchA 19,bill 2026,to Introducedregulate the use of facility fees by Reps.certain health care providers;

VanderWall, Miller, Morgan, Wozniak and Bollin and referred to Committee on Health Policy.

A bill to regulate the use of facility fees by certain health care providers;

(a) "Emergency"Ambulatory room"surgical center" means a specializeddistinct areaentity incertified whichby immediatethe medicalCenters evaluation,for treatment,Medicare and stabilizationMedicaid isServices providedas to an individualambulatory withsurgical ancenter acuteunder illness42 orCFR anpart injury416 that mayoperates beexclusively lifefor threatening,the limbpurpose threatening,of orproviding timea critical.surgical service to a patient who does not require hospitalization.

(b) "Facility"Emergency fee"room" means a feespecialized area in which immediate medical evaluation, treatment, and stabilization is provided to a patient with an acute illness or an injury that meetsmay allbe oflife thethreatening, following:limb threatening, or time critical.

EMR H01321'25_HB5770_INTR_1H01321'25 nvg5eu(H-1) 6tydui 1 (i)(c) The"Facility feefee" ismeans chargeda orfee billedthat bymeets aall healthof carethe provider.following:

(i) The fee is charged or billed by a health care provider.

(c)(d) "Freestanding emergency facility" means an emergency room that is not physically connected to a hospital and that performs laboratory tests, ultrasounds, computerized tomography scans, and other tests and procedures that are performed in an emergency room of a hospital.

(d)(e) "Health care provider" means a health facility or a health professional.

(e)(f) "Health facility" means a health facility or agency as that term is defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106, or any other organized entity that provides health care to patients, including, but not limited to, a health system, a hospital-based facility, a freestanding emergency facility, or an urgent care clinic.

(f)(g) "Health professional" means an individual who is licensed, registered, or authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, but not including a dentist, dental hygienist, or dental assistant under part 166 of the public health code, 1978 PA 368, MCL 333.16601 to 16659, or a veterinarian or veterinary technician under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 18838.

(g)(h) "Health system" means any of the following:

EMR H01321'25 (H-1) 6tydui 1 (ii) An entity affiliated with a parent corporation of 1 or more hospitals through ownership, governance, membership, or other EMR H01321'25_HB5770_INTR_1 nvg5eu 1 means.

(h)(i) "Hospital" means a hospital licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

(i)(j) "Hospital-based facility" means a facility that meets both of the following requirements:

(j)(k) "Hospital's campus" means any of the following:

(k)(l) "Observation" means a service furnished by a hospital on the hospital's campus that includes, regardless of length of stay, the use of a bed and periodic monitoring by the hospital's staff, to evaluate an outpatient's condition or to determine the need to admit an individual to the hospital as an inpatient.

(l)(m) "Off-campus"Professional hospital-basedfee" facility" means a hospital-basedfee facility that is notcharged locatedor onbilled thefor hospital'sa campus.professional medical service provided by a health professional.

(m)(n) "Professional"Telemedicine" fee" means a fee that isterm chargedas ordefined billedin bysection a3476 healthEMR careH01321'25 provider(H-1) for6tydui a1 professionalof medicalthe serviceinsurance providedcode inof a1956, hospital,1956 thePA hospital's218, campus,MCL or500.3476. an off-campus hospital-based facility.

EMR H01321'25_HB5770_INTR_1 nvg5eu 1 (n) "Telemedicine" means that term as defined in section 3476 of the insurance code of 1956, 1956 PA 218, MCL 500.3476.

(1) Beginning January 1, 2027, and except as otherwise provided under subsection (2), a health care provider shall not charge, bill, or collect a facility fee for any of the following:

(c) A professional medical service that is provided to a patient who is receiving an outpatient service in a hospitalhospital, unless either of the following applies:

(2) Subsection (1) does not apply to a health care provider that provides a professional medical service to a patient in a facility that is an ambulatory surgical center.

EMR H01321'25 (H-1) 6tydui Sec.

(1) This act does not prohibit an insurer as that term as defined in section 106 of the insurance code of 1956, 1956 PA 218, EMR H01321'25_HB5770_INTR_1 nvg5eu MCL 500.106, from entering into an agreement with a health systemcare provider for the payment of feesa fee or costscost considered appropriateto bybe theappropriate. insurer and the health system.

Final(2) PageThis EMRact H01321'25_HB5770_INTR_1does nvg5eunot prohibit charging and reimbursing a facility fee under Medicare.

Final Page EMR H01321'25 (H-1) 6tydui