Bill Text: NY S05883 | 2021-2022 | General Assembly | Amended

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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 - Dead) 2022-01-05 - REFERRED TO HEALTH [S05883 Detail]

Download: New_York-2021-S05883-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5883--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 22, 2021
                                       ___________

        Introduced  by  Sens.  PERSAUD, BROUK -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03703-02-1
        S. 5883--A                          2

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