NY State Senate Bill 2023-S2380A

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
May 17, 2023	print number 2380a
May 17, 2023	amend and recommit to health
Jan 20, 2023	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S2380 - Details

See Assembly Version of this Bill:: A3295
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §19-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S5883

2023-S2380 - Summary

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.

2023-S2380 - Sponsor Memo

                                 
BILL NUMBER: S2380

SPONSOR: PERSAUD
 
TITLE OF BILL:

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

 
PURPOSE:

To amend the public health law to restrict charges to patients for
missed appointments and to require disclosure to patients of physicians'
policy and the amount regarding such fees where allowed.

 
SUMMARY OF PROVISIONS:

Section one of the bill would add a new section 19a to the public health
law to prohibit physicians from charging patients' fees for missed
appointments where the patient has given at least a one-hour notice of
cancellation or rescheduling of the appointment to the physician.

Subsection two of the bill provides that fees, where allowed by law,

must provide policy to patients by posting the policy waiting room and
by periodically mailing policy along with patient bills.physicians who
do charge such advance written notice of this conspicuously in the
physician's written notice of the terms of such

Subsection three of the bill provides that this bill is not authori-
zation for physicians to charge fees for missed appointments where such
fees are otherwise prohibited by rule, law, regulation, practice or
where such fees are deemed to be unethical. Subsection four of the bill
provides that physicians who are found (after a hearing) to have
violated this article may be fined not more than $1,000 nor less than
three times the amount collected, or if not collected, three times the
amount charged. This bill also increases the penalty for subsequent
violations to no more than $5,000 or less than the greater of $1,000 or
three times the amount collected or if not collected, three times the
amount charged. This section also provides that amounts collected in
violation of this bill shall be refunded.

 
JUSTIFICATION:

Currently, physicians may charge fees to patients for missed appoint-
ments. Many physicians require patients to cancel or reschedule appoint-
ments at least 24 hours in advance. While this requirement seems reason-
able it is not always possible. There are many situations where
emergencies arise which necessitate cancellations on less than 24 hours'
notice.  For example, a child may be injured at school or sick at home
requiring a parent to cancel a scheduled appointment. Also, employers
may cancel or not allow leave time to visit the doctor. Finally, the
elderly, who may be forgetful or may lack adequate transportation may be
disproportionately affected by these fees. Some physicians may waive
these fees while others may not. The decision to impose these fees is
often in the hands of individual office managers and may be charged or
waived on a case-by-case basis.

This bill would establish a unified standard for these fees throughout
the state and it would also protect health care consumers from unfair
charges.
 
LEGISLATIVE HISTORY:

2021-2022: S5883A Referred to Health

 
FISCAL:

None noted

2023-S2380 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2380
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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

 S. 2380                             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.

co-Sponsors

2023-S2380A (ACTIVE) - Details

See Assembly Version of this Bill:: A3295
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §19-a, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S5883

2023-S2380A (ACTIVE) - Summary

2023-S2380A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2380A

SPONSOR: PERSAUD
 
TITLE OF BILL:

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

 
PURPOSE:

To restrict charges to patients for missed appointments and to require
disclosure to patients of physicians' policy regarding such fees.

 
SUMMARY OF PROVISIONS:

Section one of the bill would add a new section 19a to the public health
law.

Subdivision one prohibits physicians from charging patients fees for
missed appointments where the patient has given at least a one-hour
notice of cancellation or rescheduling of the appointment to the physi-
cian.

Subdivision two states that where a physician's policy is to charge a
fee for missed 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 may be charged without such advanced written notice.
The subdivision also states that no physician shall charge a fee if a
patient waited longer than one hour after their appointment time and was
not seen by a physician or the patient arrives on time for the appoint-
ment and was not seen. A patient must also be notified if the waiting
time is approximately forty-five minutes or more.

Subdivision three provides that this bill is not authorization for
physicians to charge fees for missed appointments where such fees are
otherwise prohibited by rule, law, regulation, practice or where such
fees are deemed to be unethical.

Subdivision four provides that violators shall be subject, after oppor-
tunity for a hearing, to a fine of up to two thousand dollars pursuant
to subdivision two of section twelve-b of this article. The physicians
shall also refund to the patient the amount collected as a fee for a
missed appointment.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Currently, physicians may charge fees to patients for missed appoint-
ments. Many physicians require patients to cancel or reschedule appoint-
ments at least 24 hours in advance. While this requirement seems reason-
able it is not always possible. There are many situations where
emergencies arise which necessitate cancellations on less than 24 hours'
notice. For example, a child may be injured at school or sick at home
requiring a parent to cancel a scheduled appointment. Also, employers
may cancel or not allow leave time to visit the doctor. Finally, the
elderly, who may be forgetful or may lack adequate transportation may be
disproportionately affected by these fees. Some physicians may waive
these fees while others may not. The decision to impose these fees is
often in the hands of individual office managers and may be. charged or
waived on a case-by-case basis.

This bill would establish a unified standard for these fees throughout
the state and it would also protect health care consumers from unfair
charges.

 
LEGISLATIVE HISTORY:

2021-2022: S5863A Referred to Health

 
FISCAL:

None.

 
EFFECTIVE DATE:
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.

2023-S2380A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2380--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01744-03-3

 S. 2380--A                          2
 
 OTHERWISE  PROHIBITED  BY LAW, REGULATION, RULE OR PRACTICE OR DEEMED TO
 BE UNETHICAL.
   4.  A PHYSICIAN WHO IS DETERMINED, AFTER OPPORTUNITY FOR A HEARING, TO
 HAVE VIOLATED THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A  FINE
 PURSUANT  TO  SUBDIVISION  TWO  OF SECTION TWELVE-B OF THIS ARTICLE.  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.

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Senate Bill S2380A

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2023-S2380 - Details

2023-S2380 - Summary

2023-S2380 - Sponsor Memo

2023-S2380 - Bill Text download pdf

co-Sponsors

2023-S2380A (ACTIVE) - Details

2023-S2380A (ACTIVE) - Summary

2023-S2380A (ACTIVE) - Sponsor Memo

2023-S2380A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2380A

Share this bill

Sponsored By

Roxanne J. Persaud

Current Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

Samra G. Brouk

2023-S2380 - Details

2023-S2380 - Summary

2023-S2380 - Sponsor Memo

2023-S2380 - Bill Text download pdf

co-Sponsors

Samra G. Brouk

2023-S2380A (ACTIVE) - Details

2023-S2380A (ACTIVE) - Summary

2023-S2380A (ACTIVE) - Sponsor Memo

2023-S2380A (ACTIVE) - Bill Text download pdf

Comments