Removes the requirement that consent for the payment of certain medical services must occur after such services are administered; requires the superintendent of financial services and the commissioner of health to develop a uniform form for consent for payment.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6773B
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law, in relation to removing the
requirement that consent for the payment of certain medical services
must occur after such services are administered; and requires a uniform
form for consent for payment
PURPOSE:
To clarify consent to payment provisions under the recently enacted
Medical Debt/ Hospital Financial Assistance Law and require DFS and DOH
to develop a uniform patient liability form.
SUMMARY OF PROVISIONS:
This bill amends Chapter 57 of the laws of 2024 by clarifying consent to
payment provisions under the Medical Debt Law to clarify the timing for
obtaining separate consent for payment and treatment and requiring a
uniform form developed by the Department of Financial Services and the
Department of Health.
JUSTIFICATION:
Current public health law requires that a patient's consent for treat-
ment is separate from their consent to pay, and that consent to pay must
happen after receiving the.service and discussing costs. This current
requirement has created unnecessary challenges for both patients and
healthcare providers.
This bill would maintain the requirement for separate consents and cost
discussions and would modify consent to payment provisions under the
Medical Debt Law to clarify the timing for obtaining separate consent
for payment and treatment. Additionally, the bill would require the
superintendent of financial services and the commissioner of health to
develop a uniform patient liability form. This legislation would ensure
the enhancement of consumer protections against medical debt, while also
ensuring that the requirement can be implemented by providers.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6773--B
Cal. No. 68
2025-2026 Regular Sessions
IN ASSEMBLY
March 14, 2025
___________
Introduced by M. of A. PAULIN, McDONALD, WOERNER -- read once and
referred to the Committee on Health -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the public health law, in relation to removing the
requirement that consent for the payment of certain medical services
must occur after such services are administered; and requires a
uniform form for consent for payment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 18-c of the public health law, as added by section
2 4 of part O of chapter 57 of the laws of 2024, is amended to read as
3 follows:
4 § 18-c. Separate patient consent for treatment and payment for health
5 care services. Informed consent from a patient to provide any treatment,
6 procedure, examination or other direct health care services shall be
7 obtained separately from such patient's consent to pay for the services.
8 [Consent to pay for any health care services by a patient shall not be
9 given prior to the patient receiving such services and discussing treat-
10 ment costs.] Any consent for payment shall be done utilizing a uniform
11 form which shall be developed by the superintendent of financial
12 services in conjunction with the commissioner. The uniform patient
13 liability form shall not include the use of language that requires
14 patients to assume an unlimited amount of financial liability. Such
15 form shall specify the patient is only liable for the cost of services
16 actually provided. Such form shall include the following language "I
17 understand that I may request a "Good Faith Estimate" of any current or
18 future visit, or procedure". Any such form not signed by a patient or
19 their legal representative shall be prohibited and unenforceable. For
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10497-05-5
A. 6773--B 2
1 purposes of this section, "consent" means an action which: (a) clearly
2 and conspicuously communicates the individual's authorization of an act
3 or practice; (b) is made in the absence of any mechanism in the user
4 interface that has the purpose or substantial effect of obscuring,
5 subverting, or impairing decision-making or choice to obtain consent;
6 and (c) cannot be inferred from inaction.
7 § 2. This act shall take effect immediately.
