NYS Public Health Law 18-c, a new law set to become effective on October 20, 2024, will prohibit providers from obtaining a patient’s consent to pay for any health care services prior to the patient receiving services. Providers also must obtain this consent to pay separately from the patient’s consent to receive services.
In addition to posing operational challenges for health care providers, these new requirements at times may conflict with the federal No Surprises Act and managed care participation agreements.
Though provider representatives and advocacy groups have requested clarification from the Department of Health as to how this statute will be implemented, to date there has been no clarification and discussions remain ongoing. Providers should stay tuned, as these new restrictions will have an extensive impact on how providers obtain informed consent. Garfunkel Wild will provide updates as they become available.
Should you have any questions regarding the above, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or contact us at [email protected].