; and (2) in the case of a hospital with more than 30 beds (as so determined), not to exceed $5,500 per day that the violation is ongoing, as determined by the Secretary. . (2) Conforming amendment Section 2799B–4(a)(1) of the Public Health Service Act (42 U.S.C. 300gg–134(a)(1)) is amended by inserting (other than section 2799B–10) after this part . 303. Banning facility fees for certain services Part E of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–131 et seq.), as amended by section 302(b), is further amended by adding at the end the following: 2799B–11. Banning facility fees for certain services (a) In general With respect to applicable items and services furnished to an individual on or after January 1, 2026, a health care provider or facility may not charge a facility fee (regardless of how the fee is labeled) to a group health plan, a health insurance issuer offering group or individual health insurance coverage, a participant, beneficiary, or enrollee in such a plan or coverage, or an individual patient who is not covered by a group health plan, health insurance coverage, or a Federal health care program (as defined in section 1128(f) of the Social Security Act). (b) Applicable items and services In this section, the term applicable items and services means— (1) evaluation and management services described in section 1833(cc)(1)(B)(i) of the Social Security Act; (2) outpatient behavioral health services (not including partial hospitalizations, intensive outpatient program services, and other services not typically provided in an office setting (as the Secretary may determine)); and (3) any items and services (including the items and services described in paragraphs (1) and (2)) furnished via telehealth. . 304. Prevention and Public Health Fund Section 4002(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 300u–11(b)) is amended by striking paragraphs (8) through (10) and inserting the following: (8) for each of fiscal years 2026 and 2027, $1,425,000,000