New State Law on Patient Payment and Treatment Consent

NYSHFA|NYSCAL is seeking further clarification and guidance from the Department of Health as to the applicability and intent of a new law that may impact skilled nursing facilities effective October 20, 2024.

The FY 2024-25 Enacted State Budget enacted a new section of the Public Health Law that will require hospitals and other healthcare providers to issue separate informed consent forms for treatment (including procedures, examinations, or other direct health care services) and for payment for such services. Consent forms for payment must not be given prior to the patient receiving the treatment and before a discussion of treatment costs has occurred.

It is unclear whether the patient must “re-consent” every time the service is offered. Furthermore, it is unknown at this time if facilities will need to maintain two separate contracts with residents – one for admission and one for payment. While we believe this may only impact hospitals, NYSHFA|NYSCAL has approached both the Legislature and the Department to gain a better understanding of implementation.

Additionally, the FY 2024-25 Enacted State Budget adds a new section of the General Business Law that prohibits hospitals and other healthcare providers (and their employees and/or agents) from requiring credit card pre-authorization or requiring that a patient have a credit card on file prior to receiving emergency or medically necessary medical services.

NYSHFA|NYSCAL will continue to work with the Department to determine the applicability and intent to enforce this new mandate upon skilled nursing providers.

NYSHFA | NYSCAL CONTACT:

Kristin DeVries, MA, MPP
Director of Government Relations
NYSHFA|NYSCAL
518-462-4800 x.14