Prohibits a physician from charging a fee for any service rendered during a period of seventy-two hours from the time a service which was advertised as free of charge has been rendered; provides that a physician may charge a fee for services specifically excluded in the advertisement which offered such free services.
STATE OF NEW YORK
________________________________________________________________________
2244
2011-2012 Regular Sessions
IN SENATE
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to charges for
certain services rendered by a physician
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 338 to read as follows:
3 § 338. Physician services; certain charges prohibited. 1. Except for
4 those services specifically excluded in an advertisement offering free
5 services or a medical emergency, a physician shall not charge for any
6 service rendered during a period of seventy-two hours from the time such
7 free service was rendered. If such free service does not apply to all
8 services to be rendered the advertisement shall specify any associated
9 or reasonably anticipated services which are not included. In cases
10 where a medical emergency is identified, the physician shall inform the
11 patient of services which may be rendered and any relevant charge for
12 those services.
13 2. If a physician charges a patient for other services, the physician
14 shall upon request produce evidence such other services were performed
15 at least seventy-two hours after the free service was rendered or were a
16 medical emergency.
17 3. For the purposes of this section, the following terms shall have
18 the following meanings:
19 a. The term "advertisement" shall mean any attempt to directly or
20 indirectly by publication, dissemination, or circulation in print or
21 electronic media which directly or indirectly induces or attempts to
22 induce any person or entity to purchase or enter into an agreement to
23 purchase services, treatment, or goods related thereto from a physician
24 licensed to practice in this state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07390-01-1
S. 2244 2
1 b. The term "print media" shall include newspapers, magazines, period-
2 icals, professional journals, telephone directories, circulars, hand-
3 bills, flyers, billboards, signs, matchcovers and other similar items,
4 documents or comparable publications, the content of which is dissem-
5 inated by means of the printed word.
6 c. The term "electronic media" shall include radio and television, or
7 communications made by sound equipment from a motor vehicle.
8 § 2. This act shall take effect immediately.
