Limits physician charges for missed appointments by patients

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          3188

                               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

        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:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  19-a to read as follows:
     3    § 19-A. PHYSICIAN CHARGES FOR MISSED APPOINTMENTS OF PATIENTS; LIMITA-
     4  TION AND DISCLOSURE. 1.  NO PHYSICIAN LICENSED UNDER ARTICLE ONE HUNDRED
     5  THIRTY-ONE  OF THE EDUCATION LAW SHALL CHARGE ANY PATIENT A FEE OR OTHER
     6  CHARGE FOR FAILING TO APPEAR  AT  THE  APPOINTED  TIME  OF  A  SCHEDULED
     7  APPOINTMENT  WHERE  THE  PHYSICIAN'S  OFFICE  HAS  RECEIVED  NOTICE OF A
     8  CANCELLATION OR A CHANGE OF THE APPOINTMENT AT LEAST ONE HOUR IN ADVANCE
     9  OF THE SCHEDULED APPOINTMENT.
    10    2. IN ANY CASE WHERE A PHYSICIAN'S POLICY  IS  TO  CHARGE  A  FEE  FOR
    11  MISSED PATIENT APPOINTMENTS, ADVANCE WRITTEN NOTICE OF THE TERMS OF SUCH
    12  POLICY  SHALL  BE  PROMINENTLY POSTED IN THE PATIENT WAITING ROOM OF THE
    13  PHYSICIAN'S OFFICE  AND  PERIODICALLY  INCLUDED  WITH  BILLS  MAILED  TO
    14  PATIENTS.  NO  FEE FOR MISSED PATIENT APPOINTMENTS MAY BE CHARGED IN THE
    15  ABSENCE OF SUCH ADVANCE WRITTEN NOTICE BEING GIVEN TO THE  PATIENT.    A
    16  PATIENT  CANCELLATION FEE SHALL BE BARRED IF A PATIENT WAITS LONGER THAN
    17  ONE HOUR AFTER THEIR APPOINTMENT TIME AND WAS NOT SEEN BY A PHYSICIAN. A
    18  PATIENT SHALL BE NOTIFIED IF THE WAITING TIME  IS  APPROXIMATELY  FORTY-
    19  FIVE  MINUTES OR MORE. FURTHERMORE, NO CANCELLATION FEE SHALL BE CHARGED
    20  IF A PATIENT ARRIVES ON TIME FOR THEIR APPOINTMENT BUT WAS NOT SEEN BY A
    21  PHYSICIAN.
    22    3. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO AUTHORIZE A  PHYSI-
    23  CIAN  TO  CHARGE A FEE FOR MISSED PATIENT APPOINTMENTS IF SUCH CHARGE IS
    24  OTHERWISE PROHIBITED BY LAW, REGULATION, RULE OR PRACTICE OR  DEEMED  TO
    25  BE UNETHICAL.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07279-01-5
        S. 3188                             2

     1    4.  A PHYSICIAN WHO IS DETERMINED, AFTER OPPORTUNITY FOR A HEARING, TO
     2  HAVE VIOLATED THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A  FINE
     3  PURSUANT  TO  SUBDIVISION  TWO  OF SECTION TWELVE-B OF THIS ARTICLE.  IN
     4  ADDITION, WHERE THE PROVISIONS OF THIS SECTION HAVE BEEN  VIOLATED,  THE
     5  PHYSICIAN  SHALL REFUND TO THE PATIENT THE AMOUNT COLLECTED AS A FEE FOR
     6  A MISSED PATIENT APPOINTMENT.
     7    § 2. This act shall take effect on the first  of  the  calendar  month
     8  next  succeeding  the  sixtieth day after it shall have become a law and
     9  shall apply to all appointments scheduled  to  occur  on  or  after  its
    10  effective date no matter when made.