S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3295
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. DINOWITZ, SEAWRIGHT, ZINERMAN, GONZALEZ-ROJAS --
   read once and referred 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:
 
   Section 1. The public health law is amended by adding  a  new  section
 19-a to read as follows:
   § 19-A. PHYSICIAN CHARGES FOR MISSED APPOINTMENTS OF PATIENTS; LIMITA-
 TION AND DISCLOSURE. 1.  NO PHYSICIAN LICENSED UNDER ARTICLE ONE HUNDRED
 THIRTY-ONE  OF THE EDUCATION LAW SHALL CHARGE ANY PATIENT A FEE OR OTHER
 CHARGE FOR FAILING TO APPEAR  AT  THE  APPOINTED  TIME  OF  A  SCHEDULED
 APPOINTMENT  WHERE  THE  PHYSICIAN'S  OFFICE  HAS  RECEIVED  NOTICE OF A
 CANCELLATION OR A CHANGE OF THE APPOINTMENT AT LEAST ONE HOUR IN ADVANCE
 OF THE SCHEDULED APPOINTMENT.
   2. IN ANY CASE WHERE A PHYSICIAN'S POLICY  IS  TO  CHARGE  A  FEE  FOR
 MISSED PATIENT APPOINTMENTS, ADVANCE WRITTEN NOTICE OF THE TERMS OF SUCH
 POLICY  SHALL  BE  PROMINENTLY POSTED IN THE PATIENT WAITING ROOM OF THE
 PHYSICIAN'S OFFICE  AND  PERIODICALLY  INCLUDED  WITH  BILLS  MAILED  TO
 PATIENTS.  NO  FEE FOR MISSED PATIENT APPOINTMENTS MAY BE CHARGED IN THE
 ABSENCE OF SUCH ADVANCE WRITTEN NOTICE BEING GIVEN TO THE  PATIENT.    A
 PATIENT  CANCELLATION FEE SHALL BE BARRED IF A PATIENT WAITS LONGER THAN
 ONE HOUR AFTER THEIR APPOINTMENT TIME AND WAS NOT SEEN BY A PHYSICIAN. A
 PATIENT SHALL BE NOTIFIED IF THE WAITING TIME  IS  APPROXIMATELY  FORTY-
 FIVE  MINUTES OR MORE. FURTHERMORE, NO CANCELLATION FEE SHALL BE CHARGED
 IF A PATIENT ARRIVES ON TIME FOR THEIR APPOINTMENT BUT WAS NOT SEEN BY A
 PHYSICIAN.
   3. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO AUTHORIZE A  PHYSI-
 CIAN  TO  CHARGE A FEE FOR MISSED PATIENT APPOINTMENTS IF SUCH CHARGE IS
 OTHERWISE PROHIBITED BY LAW, REGULATION, RULE OR PRACTICE OR  DEEMED  TO
 BE UNETHICAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01744-01-3
              

 A. 3295                             2
 
   4.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  THIS CHAPTER, A
 PHYSICIAN WHO IS DETERMINED, AFTER OPPORTUNITY FOR A  HEARING,  TO  HAVE
 VIOLATED  THE  PROVISIONS OF THIS SECTION SHALL BE SUBJECT FOR THE FIRST
 VIOLATION TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS NOR LESS  THAN
 THE  GREATER  OF THREE TIMES THE AMOUNT COLLECTED, OR, IF NOT COLLECTED,
 THREE TIMES THE AMOUNT CHARGED, IN CONTRAVENTION TO ANY PROHIBITION  SET
 FORTH  IN  THIS  SECTION,  AND,  FOR EACH ADDITIONAL VIOLATION COMMITTED
 WITHIN FIVE YEARS OF THE DATE OF AN IMMEDIATELY PRECEDING  VIOLATION  OF
 THIS  SECTION, TO A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS NOR LESS
 THAN THE GREATER OF ONE THOUSAND  DOLLARS  OR  THREE  TIMES  THE  AMOUNT
 COLLECTED,  OR,  IF  NOT  COLLECTED,  THREE TIMES THE AMOUNT CHARGED, IN
 CONTRAVENTION TO ANY PROHIBITION SET FORTH IN  THIS  SECTION;  PROVIDED,
 HOWEVER,  THAT IN NO EVENT SHALL THE FINE FOR AN INDIVIDUAL VIOLATION OF
 THIS SECTION BE GREATER THAN FIVE THOUSAND DOLLARS. IN  ADDITION,  WHERE
 THE  PROVISIONS  OF THIS SECTION HAVE BEEN VIOLATED, THE PHYSICIAN SHALL
 REFUND TO THE PATIENT THE AMOUNT COLLECTED AS A FEE FOR A MISSED PATIENT
 APPOINTMENT.
   § 2. This act shall take effect on the first  of  the  calendar  month
 next  succeeding  the  sixtieth day after it shall have become a law and
 shall apply to all appointments scheduled  to  occur  on  or  after  its
 effective date no matter when made.