NY State Senate Bill 2011-S1626

Senate Bill S1626

2011-2012 Legislative Session

Prohibits missed appointment charges where physician's office receives notice of cancellation of appointment at least one hour before time; requires disclosure

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Archive: Last 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 04, 2012	referred to health
Jan 10, 2011	referred to health

co-Sponsors

2011-S1626 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §19-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S92
2013-2014: S4265
2015-2016: S4077

2011-S1626 (ACTIVE) - Summary

Prohibits the charging of a patient fee for a missed appointment where the physician's office receives notice of cancellation of the appointment at least one hour before the time of the appointment; requires advance disclosure of physician office policy respecting any charges for missed appointments.

2011-S1626 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1626

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 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.

Section two of the bill provides that physicians who do charge such
fees, where allowed by law, must provide advance written notice of
this policy to patients by posting the policy conspicuously in the
physician's waiting room and by periodically mailing written notice
of the terms of such policy along with patient bills.

Section three of the bill 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.

Section 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 nor 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
appointments. Many physicians require patients to cancel or
reschedule appointments at least 24 hours in advance. While this
requirement seems reasonable 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
effected by these fees. Some physicians may waive these fees while
others may not. The decisions to impose these fees is often in the
hands of individual office manages 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:
S.2503 of 2007
02/06/07 Referred to Health
S.92 of 2009
01/07/09 Referred to Health
01/06/10 Referred to Health

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first day of the calendar month next
succeeding the sixtieth day after it shall have become a law. It
shall apply to all appointments scheduled to occur on or after its
effective date no matter when made.

2011-S1626 (ACTIVE) - Bill Text download pdf

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

                                  1626

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- 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:
  S 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.
  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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05865-01-1

S. 1626                             2

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.
  S  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 S1626

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Sponsored By

John L. Sampson