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

BILL NUMBER:S4265

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.

Subsection 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.

Subsection 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.

Subsection 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 01/10/11 REFERRED TO HEALTH 01/04/12 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.