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Assembly Bill A6773B

2025-2026 Legislative Session

Removes the requirement that consent for the payment of certain medical services must occur after such services are administered

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Bill Amendments

co-Sponsors

2025-A6773 - Details

See Senate Version of this Bill:
S6375
Law Section:
Public Health Law
Laws Affected:
Amd §18-c, Pub Health L

2025-A6773 - Summary

Removes the requirement that consent for the payment of certain medical services must occur after such services are administered; requires the superintendent of financial services and the commissioner of health to develop a uniform form for consent for payment.

2025-A6773 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6773
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to removing the
   requirement that consent for the payment of certain  medical  services
   must occur after such services are administered

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 18-c of the public health law, as added by  section
 4  of  part  O  of chapter 57 of the laws of 2024, is amended to read as
 follows:
   § 18-c. Separate patient consent for treatment and payment for  health
 care services. Informed consent from a patient to provide any treatment,
 procedure,  examination  or  other  direct health care services shall be
 obtained separately from such patient's consent to pay for the services.
 Consent to pay for any NON-EMERGENCY health care services by  a  patient
 shall  not  be  given prior to [the patient receiving such services and]
 discussing treatment costs. For  purposes  of  this  section,  "consent"
 means  an  action  which: (a) clearly and conspicuously communicates the
 individual's authorization of an act or practice; (b)  is  made  in  the
 absence  of  any mechanism in the user interface that has the purpose or
 substantial effect of obscuring, subverting, or impairing  decision-mak-
 ing  or  choice  to  obtain  consent;  and  (c)  cannot be inferred from
 inaction.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10497-02-5

co-Sponsors

2025-A6773A - Details

See Senate Version of this Bill:
S6375
Law Section:
Public Health Law
Laws Affected:
Amd §18-c, Pub Health L

2025-A6773A - Summary

Removes the requirement that consent for the payment of certain medical services must occur after such services are administered; requires the superintendent of financial services and the commissioner of health to develop a uniform form for consent for payment.

2025-A6773A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6773--A
                                                          Cal. No. 68
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  McDONALD,  WOERNER -- read once and
   referred to the  Committee  on  Health  --  reported  from  committee,
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading

 AN ACT to amend the public health  law,  in  relation  to  removing  the
   requirement  that  consent for the payment of certain medical services
   must occur after  such  services  are  administered;  and  requires  a
   uniform form for consent for payment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 18-c of the public health law, as added by  section
 4  of  part  O  of chapter 57 of the laws of 2024, is amended to read as
 follows:
   § 18-c. Separate patient consent for treatment and payment for  health
 care services. Informed consent from a patient to provide any treatment,
 procedure,  examination  or  other  direct health care services shall be
 obtained separately from such patient's consent to pay for the services.
 [Consent to pay for any health care services by a patient shall  not  be
 given prior to the patient receiving such services and discussing treat-
 ment  costs.]  ANY CONSENT FOR PAYMENT SHALL BE DONE UTILIZING A UNIFORM
 FORM WHICH  SHALL  BE  DEVELOPED  BY  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES  IN  CONJUNCTION  WITH  THE  COMMISSIONER.  THE UNIFORM PATIENT
 LIABILITY FORM SHALL PROHIBIT THE USE OF LANGUAGE THAT REQUIRES PATIENTS
 TO ASSUME AN UNLIMITED OR UNSPECIFIED   AMOUNT OF  FINANCIAL  LIABILITY.
 SUCH  FORM SHALL INCLUDE THE FOLLOWING LANGUAGE "I UNDERSTAND THAT I MAY
 REQUEST A "GOOD FAITH ESTIMATE" OF  ANY  CURRENT  OR  FUTURE  VISIT,  OR
 PROCEDURE".  ANY SUCH FORM NOT SIGNED BY A PATIENT OR THEIR LEGAL REPRE-
 SENTATIVE SHALL BE PROHIBITED AND UNENFORCEABLE. For  purposes  of  this
 section,  "consent" means an action which: (a) clearly and conspicuously
 communicates the individual's authorization of an act or  practice;  (b)
 is  made  in the absence of any mechanism in the user interface that has
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2025-A6773B (ACTIVE) - Details

See Senate Version of this Bill:
S6375
Law Section:
Public Health Law
Laws Affected:
Amd §18-c, Pub Health L

2025-A6773B (ACTIVE) - Summary

Removes the requirement that consent for the payment of certain medical services must occur after such services are administered; requires the superintendent of financial services and the commissioner of health to develop a uniform form for consent for payment.

2025-A6773B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6773--B
                                                          Cal. No. 68
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  McDONALD,  WOERNER -- read once and
   referred to the  Committee  on  Health  --  reported  from  committee,
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading --  reported  from  committee,
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading
 
 AN ACT to amend the public health  law,  in  relation  to  removing  the
   requirement  that  consent for the payment of certain medical services
   must occur after  such  services  are  administered;  and  requires  a
   uniform form for consent for payment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 18-c of the public health law, as added by  section
 4  of  part  O  of chapter 57 of the laws of 2024, is amended to read as
 follows:
   § 18-c. Separate patient consent for treatment and payment for  health
 care services. Informed consent from a patient to provide any treatment,
 procedure,  examination  or  other  direct health care services shall be
 obtained separately from such patient's consent to pay for the services.
 [Consent to pay for any health care services by a patient shall  not  be
 given prior to the patient receiving such services and discussing treat-
 ment  costs.]  ANY CONSENT FOR PAYMENT SHALL BE DONE UTILIZING A UNIFORM
 FORM WHICH  SHALL  BE  DEVELOPED  BY  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES  IN  CONJUNCTION  WITH  THE  COMMISSIONER.  THE UNIFORM PATIENT
 LIABILITY FORM SHALL NOT INCLUDE  THE  USE  OF  LANGUAGE  THAT  REQUIRES
 PATIENTS  TO  ASSUME  AN  UNLIMITED AMOUNT OF FINANCIAL LIABILITY.  SUCH
 FORM SHALL SPECIFY THE PATIENT IS ONLY LIABLE FOR THE COST  OF  SERVICES
 ACTUALLY  PROVIDED.    SUCH FORM SHALL INCLUDE THE FOLLOWING LANGUAGE "I
 UNDERSTAND THAT I MAY REQUEST A "GOOD FAITH ESTIMATE" OF ANY CURRENT  OR
 FUTURE  VISIT,  OR  PROCEDURE". ANY SUCH FORM NOT SIGNED BY A PATIENT OR
 THEIR LEGAL REPRESENTATIVE SHALL BE PROHIBITED  AND  UNENFORCEABLE.  For
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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