Consumer Protection Laws for Patients: What You Need to Know in 2026

Consumer Protection Laws for Patients: What You Need to Know in 2026

Martyn F. Jan. 15 12

Every year, millions of Americans wake up to medical bills they never agreed to pay - bills that show up on credit reports, lead to wage garnishments, or force them to choose between medicine and rent. In 2022, 74.6 million people carried medical debt, according to the Kaiser Family Foundation. By 2023, that number had grown to 100 million, with total medical debt hitting $195 billion, as reported by the Consumer Financial Protection Bureau. These aren’t just numbers. They’re real people, often stuck because the system let them down.

What Changed in New York in 2024?

In October 2024, New York State rolled out three new laws designed to stop healthcare providers from exploiting patients during their most vulnerable moments. These aren’t vague guidelines. They’re enforceable rules with real penalties - $2,000 per violation for some, up to $5,000 for others.

The biggest shift? Separate consent for treatment and payment. Before, patients signed one form at check-in - a single signature that gave providers permission to treat them and to charge them, often without clear explanation. Now, under Public Health Law Section 18-c, providers must get two separate signatures: one for medical care, one for financial arrangements. This means you can’t be pressured into agreeing to a payment plan while you’re still in the exam room, confused from pain or medication.

But here’s the catch: as of August 2025, enforcement of Section 18-c has been suspended. That doesn’t mean the law is gone - it means providers are in legal limbo. Some are still following it. Others aren’t. If you’re in New York, assume it’s still in effect until you hear otherwise from the state.

You Can’t Fill Out My Financial Applications - Not Even a Little

General Business Law Section 349-g makes it illegal for doctors, nurses, or billing staff to complete any part of your application for medical financing - even if you ask them to. That includes CareCredit®, CareLending, or any other healthcare-specific credit product.

Staff can answer your questions. They can hand you the form. They can explain what the options are. But they can’t fill in your name, income, or signature. If they do, they risk a $5,000 fine per violation. This law was written because too many patients were being steered into high-interest loans without realizing it. One patient told a reporter she didn’t know she’d signed up for a 24% interest loan until she got her first bill - and the provider had already filled out half the form.

No More Credit Card Preauthorization for Emergencies

General Business Law Section 519-a is one of the most powerful protections. It says: no provider can require you to hand over your credit card before giving you emergency or medically necessary care. No more holding your treatment hostage until you swipe your card. No more keeping your card on file without your written permission.

And if you do pay with a regular credit card - not a healthcare financing product - the provider must warn you in writing that you’re losing key protections. Here’s why that matters: if you use CareCredit®, you’re protected under New York’s medical debt rules. Your debt can’t be sent to collections as easily. Your wages can’t be garnished. Your home can’t be liened. But if you pay with a Visa or Mastercard? Those protections vanish. You’re treated like any other consumer debt - and that’s dangerous.

Patient stopping a billing clerk from filling out a CareCredit® application with their hand.

How This Compares to Federal Laws

The federal No Surprises Act, which took effect in January 2022, stops surprise bills from out-of-network providers. That’s huge - but it doesn’t cover what happens inside your doctor’s office. New York’s laws go further. They target in-network billing practices, consent manipulation, and predatory financing.

Also, HIPAA protects your medical records. The No Surprises Act stops surprise bills. But neither stops a provider from pressuring you into a high-interest loan or forcing you to hand over your credit card before you’re seen. New York’s laws plug those gaps.

And then there’s the CFPB’s 2024 rule: medical debt can no longer appear on your credit report. That’s a win - but only if the debt is properly classified. If you used a regular credit card to pay for surgery, and that debt goes to collections, it might still show up. New York’s laws help ensure medical debt stays in its own category - where it belongs.

What This Means for You as a Patient

If you’re in New York, here’s what you should do:

  • Always ask: "Is this consent for treatment or payment?" If they hand you one form, ask for two.
  • If someone offers to help you fill out a CareCredit® application, say: "I need to do this myself." They’re not allowed to help.
  • If you’re asked to give your credit card before an emergency procedure, say: "I’m not required to do that under state law." If they insist, ask for a supervisor or file a complaint with the New York State Department of Health.
  • If you pay with a regular credit card, demand a written warning about the risks. If they refuse, report them.

These laws exist because patients were being taken advantage of - not by bad actors alone, but by systems designed to profit from confusion. You have rights. Know them.

What Providers Are Doing to Adapt

Hospitals and clinics are scrambling. Staff training is mandatory. Forms are being redesigned. Some offices have hired compliance officers just to handle these new rules. But many are still confused - especially with Section 18-c suspended. Some are waiting for clarification. Others are moving forward anyway, fearing future penalties.

GoldSand Friedberg, a legal advisory firm, recommends providers keep detailed records of every patient interaction involving payment consent. Why? Because if you’re audited, you need to prove you didn’t violate the rules. That means saving signed forms, training logs, and even timestamps of when patients were given disclosures.

It’s expensive. It’s complicated. But it’s necessary.

Emergency room scene where a patient refuses to hand over a credit card before treatment.

Is This Trend Spreading?

Yes. New York isn’t alone. California, Illinois, and Colorado have introduced similar bills in 2025. The CFPB’s move to remove medical debt from credit reports has opened the door. States are watching. And patients are speaking up.

Barclays Health Law Advisory predicted in late 2024 that at least five more states will adopt New York-style laws by 2027. The momentum is real. Medical debt is no longer seen as a personal failure - it’s recognized as a systemic flaw.

What Happens If You’re Not in New York?

Even if you live outside New York, these laws matter. They set a new standard. If your provider asks you to sign one form for everything, push back. If they offer to help you apply for CareCredit®, politely refuse. If they demand your credit card before treatment, say no - and ask why.

These protections aren’t just for New Yorkers. They’re a blueprint. And you don’t need to wait for your state to catch up. You can start exercising these rights today.

Final Reminder: Know Your Rights

You have the right to:

  • Understand exactly what you’re agreeing to - in plain language.
  • Refuse to sign a combined consent form.
  • Complete your own medical financing applications - no help allowed.
  • Pay for emergency care without handing over your credit card.
  • Be told the risks of using a regular credit card for medical bills.

Medical care should never come with hidden financial traps. These laws are a step toward fairness. But they only work if you know them - and use them.

Do these New York patient protection laws apply to me if I’m not a resident?

If you receive medical care in New York, these laws apply to you - regardless of where you live. The protections are tied to where the service is provided, not where you’re from. So if you’re visiting New York and need emergency care, the provider must follow these rules. The same applies if you’re a student, worker, or traveler getting treated in the state.

What’s the difference between CareCredit® and a regular credit card for medical bills?

CareCredit® and similar healthcare financing products are designed specifically for medical expenses. If you use them, you’re covered under New York’s medical debt protections - meaning your debt can’t be reported to credit bureaus as easily, wage garnishment is restricted, and liens on your home are blocked. A regular credit card? Those protections vanish. The debt is treated like any other consumer debt, which means it’s easier to send to collections and harder to dispute.

Can a provider refuse to treat me if I don’t sign a payment consent form?

No. Under New York law, providers cannot deny emergency or medically necessary treatment because you refuse to sign a payment consent form. Treatment and payment consents are separate. You can receive care without agreeing to a payment plan on the spot. If they threaten to turn you away, ask to speak to the compliance officer or file a complaint with the state.

What should I do if a provider filled out my CareCredit® application for me?

Call the provider immediately and demand the application be canceled. Then file a complaint with the New York State Department of Health and the Consumer Financial Protection Bureau. This is a clear violation of General Business Law Section 349-g, and providers can be fined up to $5,000 per incident. Keep a record of your communication.

Are these laws permanent, or could they be rolled back?

Most of these laws are written into state statutes and can only be changed by the legislature. While Section 18-c’s enforcement is currently suspended, the law itself hasn’t been repealed. Experts believe the broader protections - especially around credit card disclosures and application interference - are here to stay. They align with national trends and consumer demand for transparency. Any rollback would face strong public and legal pushback.

Comments (12)
  • john Mccoskey
    john Mccoskey 16 Jan 2026

    The entire premise of these laws is fundamentally flawed. You can't legislate away human nature-providers aren't evil, they're responding to a broken reimbursement system. The real issue is the collapse of insurance interoperability and the rise of high-deductible plans that shift cost burden onto patients. These laws treat symptoms, not causes. You want to fix medical debt? Fix the payer-provider contracting model. Stop putting Band-Aids on arterial bleeds. The state is playing whack-a-mole with paperwork while the underlying financial architecture crumbles.

    And let's be honest: if you're signing anything without reading it, you're part of the problem. This isn't about provider malice-it's about patient complacency. People don't want to think about money when they're in pain, so they hand over their signature like a sacrament. That's not exploitation; that's human psychology. The solution isn't more forms-it's better financial literacy education starting in high school.

    Also, the suspension of Section 18-c? That's the only sane move. Enforcement would require a bureaucracy the size of the IRS to track every signature pair. Who's gonna audit 200 million patient encounters a year? The state doesn't have the resources, and the providers can't afford the compliance overhead. This isn't a loophole-it's a recognition of reality.

    Meanwhile, the credit card disclosure rule? Brilliant. That's the one law that actually works. It forces transparency without overreaching. If you're using a Visa for a $15,000 surgery, you damn well should be warned that you're forfeiting medical debt protections. That's not regulation-that's basic consumer fairness.

    But the CareCredit® interference ban? That's paternalistic nonsense. If a patient asks for help filling out a form, why should a nurse be barred from guiding them? They're not signing it-they're explaining it. This isn't protection-it's infantilization. People are adults. Let them make bad decisions. Just make sure they're informed.

    And don't get me started on the 'emergency care without credit card' rule. That's a liability nightmare. What happens when the patient walks out without paying? Who covers the cost? The hospital? Taxpayers? The system already absorbs billions in uncompensated care. Now we're adding legal risk to the equation? This isn't reform-it's financial suicide dressed up as justice.

    These laws feel good. That's their only virtue. They make legislators look proactive. But real reform requires political courage, not performative legislation. And right now, the only thing being protected is the illusion of control.

  • Ryan Hutchison
    Ryan Hutchison 18 Jan 2026

    These so-called protections are just another example of New York overreach. You think this is unique? Try living in a real state where people work for a living instead of suing everyone. These laws are designed to make providers feel guilty for existing. Who cares if you signed one form? You knew you were getting treated, didn't you? You knew you'd get a bill. That's how capitalism works.

    And now you want to ban staff from helping you fill out a financing form? That's ridiculous. You're too lazy to read a form? Then don't sign it. But don't make the entire healthcare system bend over backward because you can't handle basic responsibility. This isn't consumer protection-it's moral cowardice.

    Also, the credit card thing? Please. If you use a credit card for medical bills, you're choosing to treat it like any other purchase. That's your choice. Don't cry when the protections disappear. You opted out. Simple as that.

    And don't even get me started on the 'no credit card before emergency care' rule. That's a disaster waiting to happen. Hospitals will have to treat patients and then chase them down for payment? That's not healthcare-that's a debt collection agency with scrubs.

    These laws aren't helping patients. They're making providers more cautious, more bureaucratic, and more expensive. And guess who pays? You do. In higher premiums, longer wait times, and fewer services. This isn't progress. It's regression disguised as compassion.

  • Samyak Shertok
    Samyak Shertok 19 Jan 2026

    Oh, New York again. The land of 17-page consent forms and mandatory mindfulness breaks before you can get a flu shot. You want to know what's really going on? The state is terrified that if patients actually understood the cost of care, they'd stop going to doctors entirely. So instead of lowering prices, they're making the paperwork more confusing.

    Separate consent forms? LOL. That's like giving you two different menus at a restaurant-one for food, one for payment. And then you're supposed to be shocked when the waiter doesn't help you pick? Newsflash: the waiter gets paid to help you. The nurse isn't your enemy. She's just trying to get you out of the room before your insurance declines the claim again.

    And the CareCredit® thing? So now if a nurse says, 'Here's the form, you fill it out,' but doesn't hand you a pen, that's compliance? That's not protection-that's bureaucratic theater. You're not being protected. You're being patronized.

    Also, the 'no credit card before emergency care' rule? What if you're a tourist from India and your wallet is stolen? Do you just lie on the gurney and wait for the state to send a check? This isn't justice. It's a sitcom written by someone who's never had to pay a hospital bill.

    Meanwhile, in India, we just pay cash and go. No forms. No lawyers. No compliance officers. And guess what? We don't have 100 million people drowning in medical debt. Maybe we should stop copying American solutions and start thinking for ourselves.

  • vivek kumar
    vivek kumar 20 Jan 2026

    The structural analysis in this post is precise and necessary. The distinction between healthcare financing products and conventional credit cards is legally and ethically critical. The CFPB’s 2024 medical debt removal rule is incomplete without state-level enforcement mechanisms like New York’s, because credit reporting agencies still classify non-CareCredit® medical debt as consumer debt-ignoring the fundamental difference in origin.

    Moreover, the suspension of Section 18-c enforcement is not a repeal; it is a tactical pause. Providers are being given time to adapt their EHR systems, train staff, and audit legacy consent protocols. The fact that some are still complying voluntarily suggests the law has already shifted cultural norms, even without penalties.

    Crucially, the prohibition against staff completing financing applications is not about distrust of patients-it is about preventing implicit coercion. A nurse offering to 'help' fill out a CareCredit® form while you're recovering from anesthesia is not assistance-it is exploitation disguised as care. The law closes that loophole.

    Furthermore, the requirement to disclose the loss of medical debt protections when using a regular credit card is a masterstroke of transparency. Most patients assume all payment methods are equal. They are not. This rule forces providers to acknowledge that distinction, which is the first step toward systemic accountability.

    These laws are not perfect. But they are the first coherent attempt in modern U.S. history to decouple medical care from predatory finance. Other states will follow. The momentum is irreversible.

  • Riya Katyal
    Riya Katyal 20 Jan 2026

    Oh please. Like anyone actually reads these forms. I signed one form last year for a simple MRI and ended up with a $4,200 bill for a 'consultation' I never asked for. They said it was 'standard.' I didn't even know I was being billed for two things until my credit score dropped. So yeah, I'm glad they're splitting the forms. But now they're gonna make me fill out five more? And then wonder why people avoid doctors?

    And CareCredit®? My cousin let the front desk 'help' her fill it out. She thought it was a payment plan. Turned out it was a 28% loan. She's still paying it off. So no, I don't want anyone touching my application. Not even a little.

    But the credit card thing? That's just weird. I used my Amex for my knee surgery. So what? I pay it off every month. Why do I need a warning? Are they scared I'll forget I'm using plastic? I'm not five.

    And if I'm in the ER and they ask for my card? I say no. And then I wait. And then I call my lawyer. Because I'm done being treated like a walking ATM.

  • waneta rozwan
    waneta rozwan 21 Jan 2026

    These laws are the bare minimum. And yet, they're still being resisted. That tells you everything you need to know about the healthcare system. It's not broken-it's designed this way. Profit over people. Always.

    I had a friend who was rushed to the hospital after a car accident. They held her treatment hostage until she signed a consent form for a $10,000 payment plan. She was in shock. She didn't know what she was signing. They told her it was 'standard procedure.' She didn't even know the difference between a payment plan and a loan.

    Now they're saying you can't help someone fill out a financing form? Good. Because people don't need help. They need space. Space to breathe. Space to think. Space to say no.

    And the credit card warning? Long overdue. People think a credit card is a credit card. But medical debt on a Visa? That's a death sentence for your credit. You can't dispute it like you can with CareCredit®. You can't negotiate it. You can't get it removed from your report.

    I'm glad New York is leading. But I'm terrified this won't spread. Because the people who profit from this mess? They have lobbyists. And they're rich.

  • Nicholas Gabriel
    Nicholas Gabriel 21 Jan 2026

    Let’s be clear: this is not about paperwork. It’s about power. The power imbalance between a terrified, medicated patient and a billing clerk who’s been trained to upsell financing options. The law doesn’t just change forms-it changes the dynamic.

    Separating consent for treatment and payment? That’s not bureaucracy-it’s dignity. You don’t sign a contract while you’re in pain. You don’t sign a loan while you’re still smelling the antiseptic. That’s not a loophole-it’s a moral boundary.

    And the CareCredit® rule? Genius. I’ve seen nurses say, ‘Let me just fill this out for you’-and then they pre-fill income numbers, check the ‘automatic withdrawal’ box, and sign the thing with a smile. Patients think they’re getting help. They’re getting trapped.

    And the credit card disclosure? That’s the quiet revolution. Most people don’t realize that using a regular card for medical bills removes all legal protections. You’re no longer a patient-you’re a debtor. And debtors have no rights.

    These laws aren’t perfect. But they’re the first time a state has said: ‘You can’t profit from someone’s vulnerability.’ That’s worth fighting for.

    And yes, enforcement is messy. But the fact that providers are retraining staff, redesigning forms, and hiring compliance officers? That’s change. Real change. Not the kind that makes headlines. The kind that saves lives.

  • swarnima singh
    swarnima singh 23 Jan 2026

    i just... i cant believe we have to fight this hard just to not get screwed by our own doctors. i had a baby last year. they made me sign one paper. i thought it was for the birth. turns out it was also for a 20k loan. i cried in the parking lot. i didnt even know what carecredit was. now i do. and i hate it.

    why does it have to be this hard? why cant they just say: here is your bill. here are your options. no pressure. no forms. no help. just the truth.

    and now they say you cant even help someone fill it out? good. because i dont want help. i want honesty. and if theyre scared to give it to me, then they shouldnt be in healthcare.

    theyre not saving lives. theyre selling debt.

  • Isabella Reid
    Isabella Reid 24 Jan 2026

    I’ve lived in three states and worked in three hospitals. This is the first time I’ve seen a system that actually tries to protect the patient instead of the balance sheet. The separate consent forms? That’s not red tape-that’s respect. People are scared. They’re in pain. They’re not thinking clearly. And the system has spent decades exploiting that.

    I used to work front desk. I saw nurses ‘help’ patients with CareCredit® forms every day. Not because they were evil. Because they were told to meet a quota. The system rewarded them for signing people up, not for explaining them.

    And the credit card warning? I wish every hospital in America had that. I had a patient once who used her card for chemo. She got hit with collections. She lost her apartment. She didn’t even know she’d lost her medical debt protections.

    These laws aren’t perfect. But they’re honest. And honesty? That’s rare in healthcare.

  • Jody Fahrenkrug
    Jody Fahrenkrug 25 Jan 2026

    Just had to sign two forms yesterday at my OB’s office. One for treatment, one for payment. No big deal. They even handed me a little brochure explaining the difference. I didn’t even know that was a thing. Feels weird to be treated like an adult for once.

    Also, the nurse didn’t touch my CareCredit® form. Just said, ‘Here you go.’ I filled it out myself. Felt good.

    And when they asked for my card before my ultrasound? I said no. They didn’t argue. Just smiled. Weird, but nice.

  • kanchan tiwari
    kanchan tiwari 26 Jan 2026

    They’re watching you. All of them. The hospitals. The banks. The state. They’re testing how much control they can take before you wake up. The separate consent forms? That’s just the beginning. Next, they’ll track your signatures in a database. Then they’ll link it to your credit score. Then your insurance. Then your phone. Then your smart fridge.

    They don’t want to protect you. They want to own you. This isn’t reform-it’s surveillance with a nice label. You think you’re safe now? Wait until they start charging you for ‘consent verification.’

    And CareCredit®? That’s a Trojan horse. They’re not stopping you from signing-they’re making you think you’re in control. But every time you sign, they log it. Every time you refuse, they flag you.

    They’re building a system where your health is a product. And you? You’re the data point.

  • Kasey Summerer
    Kasey Summerer 28 Jan 2026

    Finally. Someone in government did something right. 🙌

    These laws are the kind of common-sense stuff you’d expect from a country that doesn’t treat healthcare like a casino. The credit card warning? Perfect. The CareCredit® rule? Long overdue. Separate consent? Of course.

    It’s not radical. It’s just… human.

    And yeah, the suspension of Section 18-c enforcement? Don’t panic. It’s just the bureaucracy catching its breath. The law’s still there. It’s just not being enforced yet. Like a loaded gun on a shelf. Waiting for the right moment.

    Keep pushing. Keep saying no. And if they try to help you fill out a form? Say: ‘I got this.’

    And if they still push? Tell them you’re not their customer. You’re their patient. And you’re not paying for their greed.

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