The New York State Department of Health is holding off implementation of a legal provision separating patient consent for treatment and patient consent for payment after receiving concerns from the medical community that the change would present operational and medical challenges.
The provision, Section 18-c of the New York Public Health Law — which had an effective date of October 20, 2024 — requires providers to obtain informed consent to provide direct health care services from patients separately from obtaining consent to pay for such services. Specifically, under the provision, consent to pay for health care services cannot be given before patients receive the health care services and discuss costs of treatment.
The Department of Health noted in an October 18, 2024, letter that implementation is on hold, as it had “received outreach and questions from a variety of stakeholders about the meaning of this provision.” For example, the Medical Society of the State of New York, along with other parties, sent a detailed letter to the New York State Commissioner of Health, opining that the provision “presents logistical and operational challenges that could negatively impact community medical practices.” In the meantime, the Department of Health advised it would consider these questions, and only pursue implementation upon the release of further guidance.
The Department of Health provided further guidance on other related matters in its letter, including information on changes in law involving Section 2807-k of the New York Public Health Law (relating to the General Hospital Indigent Care Pool), Section 349-g of the New York General Business Law (relating to restrictions on applications for and use of credit cards and medical financial products), and Section 519-a of the New York General Business Law (relating to credit cards and payment for health care services), which went into effect on October 20, 2024. Among other areas, the department specifically addressed changes in connection with medical financial product applications, credit card pre-authorization and credit card risk notification.
