Provided by: Jennifer Kirschenbaum, Esq.
September 25, 2024
Tucked into the 2024 NYS Budget, the public health law was changed to include language making it LAW that medical providers are required to collect separate and distinct consents for treatment and payment. Language is included in the new Law that consent for payment must come AFTER treatment is rendered and after a discussion of treatment costs (see below). Failure to adhere to the new consent law gives rise to potential monetary penalties, not to exceed $10k in each instance. See PHL s. 12.
Married to these provisions, we will also dig into the credit card rules in play, also implemented in the 2024 Budget. Guidance on how the new law will be interpreted and enforced is not available yet. it is pretty unfathomable that New York State will now require services rendered in full before payment can be collected. Of course no other profession has this restriction, to my knowledge. Can you imagine hiring your next contractor and not taking a deposit? Or eating your next burger without having to commit to payment?
For assistance complying with the new law and guidance on your patient forms, contact Taryn. We're happy to review patient forms for formatting and legally authorized language. To view our established patient templates and practice compliance forms, click here.
Section 18-C - [Effective 10/20/2024] Separate patient consent for treatment and payment for health care services
(a) clearly and conspicuously communicates the individual's authorization of an act or practice;
(b) is made in the absence of any mechanism in the user interface that has the purpose or substantial effect of obscuring, subverting, or impairing decision-making or choice to obtain consent; and
(c) cannot be inferred from inaction.
Married to these provisions, we will also dig into the credit card rules in play, also implemented in the 2024 Budget. Guidance on how the new law will be interpreted and enforced is not available yet. it is pretty unfathomable that New York State will now require services rendered in full before payment can be collected. Of course no other profession has this restriction, to my knowledge. Can you imagine hiring your next contractor and not taking a deposit? Or eating your next burger without having to commit to payment?
For assistance complying with the new law and guidance on your patient forms, contact Taryn. We're happy to review patient forms for formatting and legally authorized language. To view our established patient templates and practice compliance forms, click here.
Informed consent from a patient to provide any treatment, procedure, examination or other direct health care services shall be obtained separately from such patient's consent to pay for the services. Consent to pay for any health care services by a patient shall not be given prior to the patient receiving such services and discussing treatment costs. For purposes of this section, "consent" means an action which:
N.Y. Pub. Health Law § 18-C
Have a question for Jennifer? Email is best. You can reach her at Jennifer@Kirschenbaumesq.com.
