PULSE 11/01/2024: Guidance On New Law Requiring Health Care Providers to Advise Patients Of Risks Associated With Using A Credit Card For Paying Medical Bills

As previously reported, the DOH has put on hold a law that had been scheduled for October 20 implementation that requires physicians to obtain from their patients a consent to making payment after services are delivered. However, other provisions are now effective.  Below is advice from MSSNY General Counsel David Vozza on how best to comply with the new law that became effective October 20, which requires all health care providers to advise their patients of the risks of using a credit card for paying medical bills:

1. Initially, practices should incorporate a new Credit Card Utilization disclaimer intake form for patients to sign acknowledging the risks and advising them of the consumer-related protections;
2. At each credit card payment thereafter:
   1. If done in person, give patient written form with script: [a) no longer considered medical debt; b) waiving certain protections with list]. Train staff to go over the form and be able to answer questions and then have client sign acknowledgment.
   2. If by phone, train staff to verbally go through script and ask for verbal acknowledgment, which staff will document.  To be extra safe, practices can incorporate recordings, however we don’t believe the legislature ultimately would require this.  Even though NYS is a one-party consent state, patients should be advised the discussion is being recorded.
   3. If online, incorporate a system whereby patients must read the script and check an acknowledgment prior to payment.