N.Y. Public Health Law § 18-c: Separate patient consent for treatment and payment for health care services

§ 18-c. Separate patient consent for treatment and payment for health

care services. Informed consent from a patient to provide any treatment,

procedure, examination or other direct health care services shall be

obtained separately from such patient's consent to pay for the services.

Consent to pay for any health care services by a patient shall not be

given prior to the patient receiving such services and discussing

treatment costs. For purposes of this section, "consent" means an action

which: (a) clearly and conspicuously communicates the individual's

authorization of an act or practice; (b) is made in the absence of any

mechanism in the user interface that has the purpose or substantial

effect of obscuring, subverting, or impairing decision-making or choice

to obtain consent; and (c) cannot be inferred from inaction.