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New York cracking down on health care providers charging patient fees

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New York cracking down on health care providers charging patient fees

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ALBANY – New York is cracking down on health care providers who may be charging patient fees for personal protective equipment and other charges related to increased costs from the coronavirus.

Gov. Andrew M. Cuomo, citing additional financial burdens on patients, on Wednesday announced the state Department of Financial Services has issued new guidance for health insurers to protect patients from being improperly charged with these equipment fees.

The state financial department has received complaints of health care providers, particularly dental providers, improperly charging patient fees, which are then being passed to patients’ insurers and go beyond the patient’s applicable cost-sharing.

State officials said a participating provider should not charge patient fees or other charges in addition to the patient’s financial responsibility for covered services nor should insurers cover the charges. The state department also does not approve policy or contract provisions holding an insured patient responsible for the cost of personal protective equipment, or PPE.

Financial Services Department Superintendent Linda A. Lacewell said the department circulated a letter to insurers across the state reminding them that consumers should not be charged PPE fees.

“Consumers are not liable for fees that go beyond their financial responsibility in the insurance policies or contracts,” Lacewell said. “It is essential that healthcare providers and insurers collaborate so that consumers receive the care they need during this uncertain time, without extra fees.”

State officials are asking insurers to immediately notify participating providers not to charge PPE fees and patients should be held harmless for these charges; instruct providers to refund the fees; notify patients that should not be charged for PPE fees and provide contact information to submit related complaints; work with providers to resolve issues related to increased costs from COVID-19; work with providers to ensure refunds are provided to patients; and, within 90 days, report to the state department the amount of fees charged to patients, the number of people impacted and how refunds will be given.

Read a copy of the insurance circular letter on the DFS website.


New Yorkers with complaints about an insurance policy should contact the state at www.dfs.ny.gov/complaint or through the consumer hotline at 212-480-6400, or 518-474-6600, between 8:30 a.m. and 4:30 p.m. Monday through Friday.

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