One of the consumer protection laws that was enacted as part of New York Governor Hochul’s Fiscal Year 2025 Budget will have a significant impact on the operations of health care providers in New York. As of October 20, 2024, New York Public Health Law Section 18-c introduces a requirement for separate patient consent for treatment and payment for health care services.
The key provisions of this law are as follows:
Independent/Separate Consent Requirements:
o Treatment Consent: Informed consent must be obtained from the patient for any treatment, procedure, examination, or other direct health care services.
o Payment Consent: Consent to pay for health care services must be obtained separately and cannot be given prior to the patient receiving such services and discussing treatment costs.
2. “Consent” means an action which:
o Clearly and conspicuously communicates the individual’s authorization of an act or practice;
o Is made in the absence of any mechanism in the user interface that obscures, subverts, or impairs decision-making or choice to obtain consent; and
o Cannot be inferred from inaction.
While the New York State Department of Health has yet to issue any guidance on how providers can implement this law, it is clear that health care providers must update their consent forms and procedures and need to ensure that patients understand the distinction between consenting to treatment and consenting to payment. For example, providers that use one combined consent form for payment, treatment, and health care operations will need to revise their form(s) – and may be best served by having patients acknowledge receipt of such forms in writing.
One of the key provisions will be the new requirement that consent to pay for services “shall not be given prior to the patient receiving such services and discussing treatment costs.” This requirement may be a challenge for some providers to implement.
Providers must train staff on the new consent requirements in order to ensure compliance and to avoid fines and penalties.
Our firm has extensive experience counseling individuals, businesses, and others on statutory and regulatory requirements, as well as preparing and implementing applicable policies. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.
This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2024 Law Offices of Pullano & Farrow PLLC
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