MSSNY Continues to Advocate for Delay of New Patient Financial Consent Requirement Scheduled for October 20 Implementation
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MSSNY staff has continued to advocate to the NYS Department of Health and Governor’s office to urge a delay in enforcement as well as targeted legislative revisions to provisions adopted in the 2024-25 New York State Budget related to the collection of payments from patients.
The effective date for these challenging new provisions is October 20, and physicians can send a letter to the Governor, Health Department, and individual legislators urging these revisions here: Revise Requirement to Obtain Patient Consent to Bill After Services Delivered (p2a.co)
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.
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 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.
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.
MSSNY has also coordinated its advocacy efforts with hospital associations and specialty societies. MSSNY and these other groups have recognized the importance of ensuring patients have needed information regarding the cost of healthcare service, but have also highlighted to policymakers 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.
