Senate Bill S3188A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3188--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sens.  PERSAUD, BROUK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health --  recom-
   mitted  to  the  Committee on Health in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted 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  TWENTY-FOUR  HOURS
 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 SHALL BE NOTIFIED IF THE WAITING TIME  IS  APPROXIMATELY  FORTY-
 FIVE  MINUTES  OR  MORE. A PATIENT CANCELLATION FEE SHALL BE BARRED IF A
 PATIENT ARRIVES ON TIME FOR THEIR APPOINTMENT AND WAITS LONGER THAN  ONE
 HOUR AFTER THEIR APPOINTMENT TIME AND 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.
                                                            LBD07279-02-6
 S. 3188--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.