Migliaccio & Rathod LLP is investigating whether New York hospitals have improperly billed patients, denied financial assistance, or sent patients to collections despite their eligibility for free or discounted hospital care.
New York substantially expanded its Hospital Financial Aid Law in October 2024. Under the law, qualifying patients with household incomes up to 400% of the federal poverty level may be eligible for financial assistance. This includes uninsured patients and certain underinsured patients whose out-of-pocket medical expenses exceed 10% of their gross annual income. Patients who have exhausted their insurance benefits or cannot afford their deductibles and copayments may also qualify under applicable requirements.
New York law also places restrictions on hospital debt collection. Hospitals must follow applicable notice and waiting-period requirements and may not pursue collection during certain periods when patients are applying for financial assistance.
What Consumers May Have Experienced:
- Receiving large hospital bills despite having health insurance;
- Paying significant deductibles, coinsurance, or other out-of-pocket expenses;
- Being denied financial assistance despite having income within applicable eligibility limits;
- Having medical bills referred to collection agencies while a financial assistance application was pending;
- Being unaware that underinsured patients may qualify for hospital financial assistance;
- Paying a hospital bill in full without being informed that discounts may have been available.
Potential Claims May Include:
- Violations of New York Public Health Law;
- Failure to provide required financial assistance or discounts;
- Improper denial of financial assistance;
- Improper collection activity during a pending financial assistance application or applicable waiting period;
- Failure to properly calculate the amount owed by an eligible patient;
- FDCPA violations by third-party collection agencies, where applicable.
Signs You May Be Affected:
- You received a substantial hospital bill despite having health insurance;
- Your household income was within 400% of the federal poverty level;
- Your out-of-pocket medical expenses exceeded 10% of your gross annual income;
- You were denied hospital financial assistance;
- Your hospital bill was sent to collections while your financial assistance application was pending;
- You paid a substantial hospital bill without being informed about available discounts.
If a New York hospital denied your financial assistance application, charged you substantial out-of-pocket expenses despite your potential eligibility for discounted care, or referred your medical bill to collections while your application was pending, Migliaccio & Rathod LLP would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.