MSSNY Continues to Advocate for Changes to New Patient Financial Consent Requirement Scheduled for October 20 Implementation
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MSSNY continues to collaborate with numerous allies to advocate to the NYS Department of Health and Governor’s office for a delay in enforcement of well-intended, but serious problematic, provisions adopted in the 2024-25 New York State Budget related to the collection of payments from patients. We also continue to urge legislators to pass legislation to address this problem in the next Legislative Session beginning in January.
The effective date for these challenging new provisions is October 20. The NYS DOH has indicated a “guidance” on these provisions will be released soon.
Separate Consent Required for Payment. Of greatest concern is a provision that will require hospitals, physician practices and other healthcare providers to use separate patient consent forms for treatment and for payment. Specifically, it provides that consent to payment cannot be requested until after the hospital, physician or other health care provider has (1) provided the services to the patient, and (2) discussed the treatment or service costs with the patient.
Last week MSSNY together with a dozen specialty societies sent a letter to the Commissioner reiterating the significant challenges with implementing these provisions, and the need for revisions to this law. The letter recognizes the importance of ensuring patients have needed information regarding the cost of healthcare service, but also highlights the impracticality of this new requirement to medical practice workflow and the patient experience. They have also highlighted that it is inconsistent with state and federal laws that require disclosure of fees prior to the delivery of healthcare services.
Credit Cards on File. Another new provision prohibits hospitals, physicians and other health care providers from requiring credit card preauthorization or that a credit card to be kept on file prior to providing emergency or medically necessary health care services. Notification must also be provided to patients about the risks of paying for medical services with a credit card, including the fact that by doing so, the patient will forego state and federal protections applicable to medical debt. MSSNY has advocated collectively with organizations representing urgent care physicians to urge changes to these provisions.
Medical Financial Products. Another new provision prohibits hospitals, physicians or other health care providers (or their employees) from completing any portion of an application for “medical financial products” for patients or from otherwise arranging for an application for such product that is not completely filled out by the patient.
Physicians can send a letter to the Governor, Health Department and individual legislators urging necessary revisions here: Revise Requirement to Obtain Patient Consent to Bill After Services Delivered (p2a.co).
