Legislation
SECTION 18-C
Separate patient consent for treatment and payment for health care services
Public Health (PBH) CHAPTER 45, ARTICLE 1, TITLE 2
§ 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
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-making or choice
to obtain consent; and (c) cannot be inferred from inaction.
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
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-making or choice
to obtain consent; and (c) cannot be inferred from inaction.