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

                                          92

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 7, 2009
                                      ___________

       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:

    1    Section 1. The public health law is amended by adding  a  new  section
    2  19-a to read as follows:
    3    S 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.
   16    3. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO AUTHORIZE A  PHYSI-
   17  CIAN  TO  CHARGE A FEE FOR MISSED PATIENT APPOINTMENTS IF SUCH CHARGE IS
   18  OTHERWISE PROHIBITED BY LAW, REGULATION, RULE OR PRACTICE OR  DEEMED  TO
   19  BE UNETHICAL.
   20    4.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  THIS CHAPTER, A
   21  PHYSICIAN WHO IS DETERMINED, AFTER OPPORTUNITY FOR A  HEARING,  TO  HAVE
   22  VIOLATED  THE  PROVISIONS OF THIS SECTION SHALL BE SUBJECT FOR THE FIRST
   23  VIOLATION TO A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS NOR LESS  THAN
   24  THE  GREATER  OF THREE TIMES THE AMOUNT COLLECTED, OR, IF NOT COLLECTED,

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01991-01-9

       S. 92                               2

    1  THREE TIMES THE AMOUNT CHARGED, IN CONTRAVENTION TO ANY PROHIBITION  SET
    2  FORTH  IN  THIS  SECTION,  AND,  FOR EACH ADDITIONAL VIOLATION COMMITTED
    3  WITHIN FIVE YEARS OF THE DATE OF AN IMMEDIATELY PRECEDING  VIOLATION  OF
    4  THIS  SECTION, TO A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS NOR LESS
    5  THAN THE GREATER OF ONE THOUSAND  DOLLARS  OR  THREE  TIMES  THE  AMOUNT
    6  COLLECTED,  OR,  IF  NOT  COLLECTED,  THREE TIMES THE AMOUNT CHARGED, IN
    7  CONTRAVENTION TO ANY PROHIBITION SET FORTH IN  THIS  SECTION;  PROVIDED,
    8  HOWEVER,  THAT IN NO EVENT SHALL THE FINE FOR AN INDIVIDUAL VIOLATION OF
    9  THIS SECTION BE GREATER THAN FIVE THOUSAND DOLLARS. IN  ADDITION,  WHERE
   10  THE  PROVISIONS  OF THIS SECTION HAVE BEEN VIOLATED, THE PHYSICIAN SHALL
   11  REFUND TO THE PATIENT THE AMOUNT COLLECTED AS A FEE FOR A MISSED PATIENT
   12  APPOINTMENT.
   13    S 2. This act shall take effect on the first  of  the  calendar  month
   14  next  succeeding  the  sixtieth day after it shall have become a law and
   15  shall apply to all appointments scheduled  to  occur  on  or  after  its
   16  effective date no matter when made.