NYSCLA Alert to Laboratories (November 2024)

An Update to New York’s Patient Consent and Payment Laws

Tuesday, December 3, 2024 (Last updated: Aug 6 2026 21:54)

Update to New York’s Patient Consent and Payment Laws

A recent amendment to New York state law would have required all health care providers to obtain separate consents from patients for treatment and for payment. Section 18-c of New York Public Health Law would have required that the consent to pay for any health care services by a patient could not be given until after discussion of treatment with the patient and after the patient actually receives the services. This provision would have created many complications for health care providers, particularly because other federal and state laws, as well as payer requirements, mandate that patient consent to pay for non-covered health services be obtained before the services are provided.

In a letter dated March 18, 2024 (https://www.mssny.org/wp-content/uploads/2024/10/hfal-DAL.pdf), the New York Department of Health explained that it has received outreach and questions from a variety of stakeholders about this provision. “While the Department considers these questions, the implementation of this provision is on hold under further guidance is released.”

It is important to note that there are other consumer protections that became effective October 20, 2024, and that have not been suspended. These include provisions addressing medical financial product applications, credit card preauthorization, and credit card risk notification. Discussion of these provisions is also found in the Department’s letter that is linked above.