October 21, 2024

Please see attached from DOH dated 10/18/24 and addressed to Hospital CEOs.  

On page 1, paragraph 2 says that facilities licensed by agencies other than DoH are exempt from compliance with these new laws however later in the document it seems to contradict this when it says ”all patients receiving direct health care services, regardless of income level, eligibility for financial assistance, or the type of provider from which the patient receives direct health care services, are covered by this law.”   As such we are once again reaching out to the Department for clear clarification as to whether OASAS and OMH providers must comply with the new provisions.

In the meantime please see page 5 of the attached doc for information related to the specific requirement for separate consent to treat vs. pay which DOH has paused due to comments/questions from stakeholders and more guidance to come.  Specifically, the document states: The Department of Health has received outreach and questions from a variety of stakeholders about the meaning of this provision. While the Department considers these questions, the implementation of this provision is on hold until further guidance is released.