WV SB946

Prohibits hospitals, health systems, and freestanding emergency facilities from charging facility fees for outpatient services, except for services provided on a hospital's campus, in licensed emergency departments, or emergency services at freestanding emergency facilities

Bans facility fees entirely for outpatient evaluation and management services regardless of location, with the West Virginia Insurance Commission required to annually identify additional services subject to the prohibition

Requires hospitals, health systems, and freestanding emergency facilities to submit annual reports to the Insurance Commission detailing facility fees charged, including patient visit numbers, revenue totals, and top procedures generating facility fee revenue

Authorizes administrative penalties of up to $1,000 per occurrence for violations of the facility fee restrictions or reporting requirements

Grants the Insurance Commission authority to audit health care providers for compliance, with providers required to retain relevant records for four years after services are furnished