Latest on Patient Financial Consent Requirement Scheduled for Oct 20 Implementation
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Thank you to the many physicians and practice staff who have used this link Revise Requirement to Obtain Patient Consent to Bill After Services Delivered (p2a.co) to send communications to DOH, the Governor’s office, and state legislators highlighting the implementation challenges 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 have heard from several state legislators who have been receiving letters from their constituent physicians.
With the effective date for these challenging new provisions this Sunday, October 20, DOH has indicated a guidance is forthcoming on implementation. There have been indications that this guidance may include some flexibility in the immediacy of the need to comply with the “separate financial consent” requirement described below. However, as of this writing the guidance has not been issued. Please remain alert for further updates.
Separate Consent Required for Payment. This provision requires 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.
MSSNY together with a dozen specialty societies recently 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.
