50-5-121. Hospital discrimination based on ability to pay prohibited -- charity care requirements. (1) Except as provided in subsection (3), a hospital must have in writing:

(a) a policy applying to all patients, including medicaid and medicare patients, that prohibits discrimination based on a patient's ability to pay; and

(b) a charity care policy consistent with industry standards applicable to the area the facility serves and the tax status of the hospital.

(2) A 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 specialty hospital must have in writing a charity care policy consistent with industry standards for nonprofit hospitals irrespective of the tax status of the specialty hospital.