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NYSDOH Pauses Implementation of New Law on Patient Consent for Payment
Per the notice below, the New York State Department of Health (NYSDOH) has paused the implementation of Section 18-c of the New York State Public Health Law, which required separate patient consent for clinical services and for payment for such services -- and which, literally read, also stated that no payment consent could be obtained until after services were performed.
New York State Department of Health (NYSDOH) Pauses Implementing New Patient Consent Requirements
On October 18, 2024, the New York State Department of Health (NYSDOH) issued guidance pausing implementation of New York State Public Health Law §18-c, a new law that prohibits providers from obtaining a patient’s consent to pay for any health care service prior to the patient receiving the service. You can read the NYSDOH guidance here: NYSDOH Guidance on Public Health Law New Section 18-c. The law was to take effect on October 20, 2024. NYSDOH noted that it had received multiple requests for clarification of this provision; therefore, implementation will be on hold until NYSDOH issues further guidance (a letter on this topic from the Medical Society of the State of New York [MSSNY] can be read here: MSSNY Letter to NYSDOH, which NYSDOH did not directly answer). NYSDOH also issued clarification to New York State General Business Law §519-A, which introduced new notice requirements for individuals making credit card payments for medical services. This notice must state that:
- medical bills paid by credit card are no longer considered medical debt;
- patients are foregoing federal and state protections around medical debt by paying with a credit card, including:
- prohibitions against wage garnishment and property liens,
- prohibitions against reporting medical debt to credit bureaus, and
- limitations on interest rates.
This notice must be provided each time a credit card is used to pay for services and patients must affirmatively acknowledge that they are forgoing these protections by paying with a credit card.
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