Section 3727.34 | Hospital shoppable services list; price estimator tool.
(A) Subject to division (E) of this section, a hospital shall maintain and make publicly available a list of the standard charges described in divisions (C)(2)(b), (c), (d), and (e) of section 3727.33 of the Revised Code for the hospital's shoppable services. With respect to the shoppable services that are included on the list, a hospital may select the shoppable services to be included on the list, subject to all of the following:
(1) The list shall include at least three hundred shoppable services, unless the hospital provides fewer than three hundred shoppable services, in which case the list shall include the number of shoppable services that the hospital provides.
(2) Of the shoppabale services selected for purposes of division (A)(1) of this section, the list shall include the seventy services specified as shoppable services by the United States centers for medicare and medicaid services, unless the hospital does not provide all of the seventy services, in which case the list shall include as many of those services as the hospital does provide.
(3) In selecting a shoppable service for purposes of inclusion on the list, a hospital shall do both of the following:
(a) Consider how frequently the hospital provides the service and the hospital's billing rate for that service;
(b) Prioritize the selection of services that are among the services most frequently provided by the hospital.
(B) A hospital's list maintained under this section shall include all of the following information:
(1) A plain-language description of each shoppable service included on the list;
(2) The payor-specific negotiated charge that applies to each shoppable service included on the list and any ancillary service, listed by the name of the third-party payor and health plan associated with the charge and displayed in a manner that clearly associates the charge with the third-party payor and health plan;
(3) The discounted cash price that applies to each shoppable service included on the list and any ancillary service or, if the hospital does not offer a discounted cash price for one or more of the shoppable or ancillary services on the list, the gross charge for the shoppable service or ancillary service, as applicable;
(4) The de-identified minimum negotiated charge that applies to each shoppable service included on the list and any ancillary service;
(5) The de-identified maximum negotiated charge that applies to each shoppable service included on the list and any ancillary service;
(6) Any code used by the hospital for purposes of accounting or billing for each shoppable service included on the list and any ancillary service, including the current procedural terminology (CPT) code, healthcare common procedure coding system (HCPCS) code, diagnosis related group (DRG) code, national drug code (NDC), or other common identifier.
(C) If applicable, the list shall do the following:
(1) State each location at which the hospital provides the shoppable service and whether the standard charges included in the list apply at that location to the provision of that shoppable service in an inpatient setting, an outpatient department setting, or in both of those settings, as applicable;
(2) Indicate if one or more of the shoppable services specified by the United States centers for medicare and medicaid services is not provided by the hospital.
(D) The list shall satisfy the following conditions, as applicable:
(1) Be displayed in the same manner prescribed by division (E) of section 3727.33 of the Revised Code for the list required under that section;
(2) Be available and accessible in the same manner prescribed by divisions (F)(1) and (2) of section 3727.33 of the Revised Code for the list required by that section;
(3) Be searchable by service description, billing code, and payor;
(4) Be formatted in a manner that is consistent with the template developed by the director of health under division (G) of section 3727.33 of the Revised Code for the list required under that section;
(5) Be updated in the same manner prescribed by division (H) of section 3727.33 of the Revised Code for the list required under that section.
(E)(1) A hospital may, in lieu of maintaining and making publicly available the list of shoppable services otherwise required by this section, maintain an internet-based price estimator tool that satisfies all of the following:
(a) Provides a cost estimate for each shoppable service and any ancillary service otherwise required to be included on the list of shoppable services;
(b) Allows a person to obtain an estimate of the amount the person will be obligated to pay the hospital if the person elects to use the hospital to provide the service;
(c) Is available and accessible in the same manner prescribed by division (F)(1) of section 3727.33 of the Revised Code for the list required by that section.
(2) A hospital that maintains an internet-based price estimator tool deemed by the United States centers for medicare and medicaid services to meet the requirements of the federal price transparency law regarding the list of standard charges for shoppable services also meets the requirements of this section.
(3) A hospital shall not sell personal data acquired from the use of the hospital's internet-based price estimator tool by a person in this state.
(4) A hospital shall not use, sell, or process personal data acquired from the use of the hospital's internet-based price estimator tool by a person in this state for the purposes of targeted advertising.
Last updated March 19, 2025 at 1:11 PM
Available Versions of this Section
- November 13, 2006 – House Bill 197 - 126th General Assembly [ View November 13, 2006 Version ]
- April 3, 2025 – Enacted by House Bill 173 - 135th General Assembly [ View April 3, 2025 Version ]