Bill Text: NY S02380 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to physician charges for missed appointments by patients; bars physicians from charging fees if a patient arrives on time for appointment but was not seen; requires written policy about missed appointments be prominently posted in patient waiting room and included in bills mailed to patients.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S02380 Detail]

Download: New_York-2023-S02380-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2380

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sens.  PERSAUD, BROUK -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation to physician  charges
          for missed appointments by patients

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  19-a to read as follows:
     3    § 19-a. Physician charges for missed appointments of patients; limita-
     4  tion and disclosure. 1.  No physician licensed under article one hundred
     5  thirty-one  of the education law shall charge any patient a fee or other
     6  charge for failing to appear  at  the  appointed  time  of  a  scheduled
     7  appointment  where  the  physician's  office  has  received  notice of a
     8  cancellation or a change of the appointment at least one hour in advance
     9  of the scheduled appointment.
    10    2. In any case where a physician's policy  is  to  charge  a  fee  for
    11  missed patient appointments, advance written notice of the terms of such
    12  policy  shall  be  prominently posted in the patient waiting room of the
    13  physician's office  and  periodically  included  with  bills  mailed  to
    14  patients.  No  fee for missed patient appointments may be charged in the
    15  absence of such advance written notice being given to the  patient.    A
    16  patient  cancellation fee shall be barred if a patient waits longer than
    17  one hour after their appointment time and was not seen by a physician. A
    18  patient shall be notified if the waiting time  is  approximately  forty-
    19  five  minutes or more. Furthermore, no cancellation fee shall be charged
    20  if a patient arrives on time for their appointment but was not seen by a
    21  physician.
    22    3. No provision of this section shall be deemed to authorize a  physi-
    23  cian  to  charge a fee for missed patient appointments if such charge is
    24  otherwise prohibited by law, regulation, rule or practice or  deemed  to
    25  be unethical.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01744-01-3
        S. 2380                             2

     1    4.  Notwithstanding  any  inconsistent  provision  of  this chapter, a
     2  physician who is determined, after opportunity for a  hearing,  to  have
     3  violated  the  provisions of this section shall be subject for the first
     4  violation to a fine of not more than one thousand dollars nor less  than
     5  the  greater  of three times the amount collected, or, if not collected,
     6  three times the amount charged, in contravention to any prohibition  set
     7  forth  in  this  section,  and,  for each additional violation committed
     8  within five years of the date of an immediately preceding  violation  of
     9  this  section, to a fine of not more than five thousand dollars nor less
    10  than the greater of one thousand  dollars  or  three  times  the  amount
    11  collected,  or,  if  not  collected,  three times the amount charged, in
    12  contravention to any prohibition set forth in  this  section;  provided,
    13  however,  that in no event shall the fine for an individual violation of
    14  this section be greater than five thousand dollars. In  addition,  where
    15  the  provisions  of this section have been violated, the physician shall
    16  refund to the patient the amount collected as a fee for a missed patient
    17  appointment.
    18    § 2. This act shall take effect on the first  of  the  calendar  month
    19  next  succeeding  the  sixtieth day after it shall have become a law and
    20  shall apply to all appointments scheduled  to  occur  on  or  after  its
    21  effective date no matter when made.