AB338,,71 f. 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 code, the healthcare common procedure coding system code, the diagnosis related group code, the national drug code, or other common identifier.

AB338,,72 2. If applicable, the list shall do all of the following:

AB338,,73 a. 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.

AB338,,74 b. Indicate if one or more of the shoppable services specified by the federal centers for medicare and medicaid services is not provided by the hospital.

AB338,,75 (e) The list required under this subsection shall satisfy all of the following criteria:

AB338,,76 1. The list is displayed in the manner provided in sub. (3) (e).

AB338,,77 2. The list is available free of charge, without having to register or establish a user account or password, without having to submit personal identifying information, and without having to overcome any other impediment, including entering a code to access the list.

AB338,,78 3. The list is searchable by service description, billing code, and payor.

AB338,,79 4. The list is updated in the manner provided in sub. (3) (h).

AB338,,80 5. The list is accessible to a common commercial operator of an Internet search engine to the extent necessary for the search engine to index the list and display the list as a result in response to a search query of a user of the search engine.

AB338,,81 6. The list is formatted in a manner that is consistent with the format prescribed by the department under sub. (3) (f) 5.

AB338,,82 (5) Reporting. Every time a hospital updates a list as required under subs. (3) (h) and (4) (e) 4., the hospital shall submit the updated list to the department. The department shall prescribe the form in which the updated list shall be submitted to the department.

AB338,,83 (6) Monitoring and enforcement. (a) The department shall monitor each hospital’s compliance with the requirements of this section using any of the following methods:

AB338,,84 1. Evaluating complaints made by persons to the department regarding noncompliance with this section.

AB338,,85 2. Reviewing any analysis prepared regarding noncompliance with this section.

AB338,,86 3. Auditing the websites of hospitals for noncompliance with this section.

AB338,,87 4. Confirming that each hospital submitted the lists required under sub. (5).

AB338,,88 (b) If the department determines that a hospital is not in compliance with any provisions of this section, the department shall take the following actions:

AB338,,89 1. Provide a written notice to the hospital that clearly explains the manner in which the hospital is not in compliance with this section.

AB338,,90 2. Request a corrective action plan from the hospital if the hospital has materially violated a provision of this section, as determined under sub. (7).

AB338,,91 3. Impose a penalty determined under sub. (8) and publicize the penalty on the department’s website. The department shall impose a penalty only if the hospital does any of the following:

AB338,,92 a. Fails to respond to the department’s request to submit a corrective action plan.

AB338,,93 b. Fails to comply with the requirements of a corrective action plan submitted to the department.

AB338,,94 (c) The department shall create and maintain a publicly available list on its website of hospitals that have been found to have violated any provision of this section, that have been issued a penalty, or that have been sent a warning notice, request for a corrective action plan, or any other written communication from the department.

AB338,,95 (d) In considering an application for renewal of a hospital’s license, the department shall consider whether the hospital is or has been in compliance with this section.

AB338,,96 (7) Material violation; corrective action plan. (a) A hospital materially violates this section if the hospital does any of the following:

AB338,,97 1. Fails to comply with the requirements of sub. (2).

AB338,,98 2. Fails to publicize the hospital’s standard charges in the form and manner required by subs. (3) and (4).

AB338,,99 (b) If the department determines that a hospital has materially violated this section, the department shall issue a notice of material violation to the hospital and request that the hospital submit a corrective plan of action. The notice shall indicate the form and manner in which the corrective action plan shall be submitted to the department, and clearly state the date by which the hospital is required to submit the plan.