50-5-121. Hospital discrimination based on ability to pay prohibited — community benefit and financial assistance requirements — rulemaking authority. (1) A hospital, critical access hospital, or rural emergency hospital must have in writing a policy applying to all patients, including medicaid and medicare patients, that prohibits discrimination based on a patient’s ability to pay.

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(2)A hospital, critical access hospital, or rural emergency hospital may not transfer a patient to another hospital or health care facility based on the patient’s ability to pay for health care services.

(3)(a) A hospital operating as a nonprofit health care facility must have in writing:

(i)a financial assistance policy consistent with federal standards and standards established by the department, applicable to the area the hospital serves; and

(ii)a community benefit policy consistent with federal standards and standards established by the department.

(b)A hospital, critical access hospital, or rural emergency hospital operating as a nonprofit health care facility shall:

(i)adhere to the written financial assistance and community benefit policies; and

(ii)make the policies available to the public.

(4)No later than July 1, 2024, the department shall adopt rules to implement the financial assistance and community benefit requirements of this part, which must be specific to the hospital and the area or areas it serves. Rules must include but are not limited to rules that:

(a)define financial assistance and community benefit consistent with federal standards, wherever possible;

(b)establish the standards for community benefit and financial assistance applicable to hospitals operating as nonprofit health care facilities consistent with federal standards, wherever possible; and

(c)establish penalties for failing to comply with 50-5-106 and this section.