Insights & Resources

On October 18, 2024, the New York State Department of Health (“DOH”) issued guidance pausing implementation of Public Health Law §18-c, a new law that prohibits providers from obtaining a patient’s consent to pay for any health care service prior to the patient receiving the service (see our earlier Client Alert here).  The law was to take effect on October 20, 2024. DOH noted that it had received multiple requests for clarification of this provision; therefore implementation will be on hold until DOH issues further guidance.
 
DOH also issued clarification to General Business Law §519-A, which introduced new notice requirements for individuals making credit card payments for medical services.  This notice must state that:
 

• medical bills paid by credit card are no longer considered medical debt;
• patients are foregoing federal and state protections around medical debt by paying with a credit card, including:
  • prohibitions against wage garnishment and property liens,
  • prohibitions against reporting medical debt to credit bureaus, and
  • limitations on interest rates.

 
This notice must be provided each time a credit card is used to pay for services and patients must affirmatively acknowledge that they are forgoing these protections by paying with a credit card.

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 info@garfunkelwild.com.