October 17, 2024
Earlier this month we re-informed all NYS Council members of a new Patient Protections Law that would require significant changes to the way in which providers secure financial and other consents from an individual being treated, and specifically to provide cost of care information that must be shared with the individual prior to commencement of treatment. The NYS Council had included information regarding passage of the new law in our end of legislative session summary for members earlier this year however to date there has been no follow up from state agencies or regulators in the form of guidance or regulations to facilitate the implementation of the law despite the fact that the law is effective October 20, 2024.
On October 8 the NYS Council contacted OMH and OASAS Counsel’s office and then we sought clarification with our colleagues at DoH with numerous questions regarding the new law beginning with whether (in this instance) the term ‘healthcare’ provider includes OASAS and OMH licensed, regulated or certified agencies. To this point we have NOT received a substantive response from any of the government agencies we put the question to although we know DoH is working internally to answer the call for clarity and an extension of the implementation date that has come from across the healthcare sector, including the NYS Council. We also provided our comments and concerns re: the new law based on a recent NYS Council meeting in which we collected your concerns and questions.
It is our understanding that DoH is working to promulgate more information re: the new law. We will remain vigilant and continue to chase answers to our questions on behalf of our members while reminding all state agency reps and regulators that the implementation of the new law will take significant time and resources since (based on how it reads) the new law requires new administrative procedures and quite possibly changes to technology used in healthcare settings that are employed to capture various consents.
I wanted to let you know we are ‘on it’ and that we will continue to push for clarity, more time and additional resources to fund yet another unfunded mandate.