| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to consumer protection |
| Jan 07, 2009 |
referred to consumer protection |
Senate Bill S198
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
2009-S198 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add ยง338, Gen Bus L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2244
2009-S198 (ACTIVE) - Summary
Prohibits a physician from charging a fee for any service rendered during a period of seventy-two hours from the time a service which was advertised as free of charge has been rendered; provides that a physician may charge a fee for services specifically excluded in the advertisement which offered such free services.
2009-S198 (ACTIVE) - Sponsor Memo
BILL NUMBER: S198
TITLE OF BILL :
An act to amend the general business law, in relation to charges for
certain services rendered by a physician
SUMMARY OF PROVISIONS :
Section 1 of the General Business Law is amended by adding a new
section 338 which prohibits a physician from charging for any service
whatsoever rendered during a period of seventy-two hours from the time
such free service was rendered, except for those services specifically
excluded in the advertisement offering the free services.
JUSTIFICATION :
It is a commendable practice for physicians to offer free examinations
to those individuals who may not otherwise receive a service.
However, there have been instances in which many people, especially
seniors, have been enticed into physician's offices through the
advertisement of a free service. Unfortunately, some unscrupulous
providers are taking advantage of the rapport and possible diagnosis
that was established during the free exam by charging for related
services. This is similar to the advertising gimmick of a "bait and
switch" in which an individual is lured in with the promise of one
product (a free exam) and then switched to another product (the
follow-up service).
2009-S198 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
198
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to charges for
certain services rendered by a physician
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
338 to read as follows:
S 338. PHYSICIAN SERVICES; CERTAIN CHARGES PROHIBITED. 1. EXCEPT FOR
THOSE SERVICES SPECIFICALLY EXCLUDED IN AN ADVERTISEMENT OFFERING FREE
SERVICES OR A MEDICAL EMERGENCY, A PHYSICIAN SHALL NOT CHARGE FOR ANY
SERVICE RENDERED DURING A PERIOD OF SEVENTY-TWO HOURS FROM THE TIME SUCH
FREE SERVICE WAS RENDERED. IF SUCH FREE SERVICE DOES NOT APPLY TO ALL
SERVICES TO BE RENDERED THE ADVERTISEMENT SHALL SPECIFY ANY ASSOCIATED
OR REASONABLY ANTICIPATED SERVICES WHICH ARE NOT INCLUDED. IN CASES
WHERE A MEDICAL EMERGENCY IS IDENTIFIED, THE PHYSICIAN SHALL INFORM THE
PATIENT OF SERVICES WHICH MAY BE RENDERED AND ANY RELEVANT CHARGE FOR
THOSE SERVICES.
2. IF A PHYSICIAN CHARGES A PATIENT FOR OTHER SERVICES, THE PHYSICIAN
SHALL UPON REQUEST PRODUCE EVIDENCE SUCH OTHER SERVICES WERE PERFORMED
AT LEAST SEVENTY-TWO HOURS AFTER THE FREE SERVICE WAS RENDERED OR WERE A
MEDICAL EMERGENCY.
3. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
A. THE TERM "ADVERTISEMENT" SHALL MEAN ANY ATTEMPT TO DIRECTLY OR
INDIRECTLY BY PUBLICATION, DISSEMINATION, OR CIRCULATION IN PRINT OR
ELECTRONIC MEDIA WHICH DIRECTLY OR INDIRECTLY INDUCES OR ATTEMPTS TO
INDUCE ANY PERSON OR ENTITY TO PURCHASE OR ENTER INTO AN AGREEMENT TO
PURCHASE SERVICES, TREATMENT, OR GOODS RELATED THERETO FROM A PHYSICIAN
LICENSED TO PRACTICE IN THIS STATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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