50-state desk · NY

New York

Statutory floor

Since April 2024, hospitals must waive all charges below 200% FPL and cap what patients owe up to 400% FPL (at most 10% of the Medicaid rate at 200–300%, 20% at 301–400%). Covers uninsured and underinsured patients (out-of-pocket costs over 10% of income). Applications must be accepted, a bill cannot go to a collector while one is pending, and medical debt is barred from credit reports. Consumer-debt lawsuit window is 3 years.

N.Y. Public Health Law § 2807-k(9-a) (Hospital Financial Assistance Law) · compiled October 2026

RuleThis state
Free-care floor200% FPL
Discount / eligibility floor400% FPL
Covers insured patientsYes, if they otherwise qualify
Which hospitalsGenerally all licensed hospitals
Medicaid expansionYes — adults to 138% FPL
Screen before collectionsYes
Credit reportsStatewide ban (FCRA-preemption fights ongoing)
Debt salesRestricted or banned
Home liensRestricted or banned
Wage garnishmentBanned for qualifying medical debt
Interest on medical debtNo special cap located
Collection holdNo extra state waiting period
Lawsuit clock3 years · CPLR 214-i

2026 poverty line here

Alaska and Hawaii use their own HHS tables. Everyone else uses the 48-state and D.C. figures, effective January 2026.

Household100%Free floorDiscount floor
1$15,960$31,920$63,840
2$21,640$43,280$86,560
3$27,320$54,640$109,280
4$33,000$66,000$132,000
5$38,680$77,360$154,720
6$44,360$88,720$177,440

What to do

  1. 01 New York hospitals must have a financial-aid policy. Ask for the application the same day.
  2. 02 Collections should pause while the application is pending. Cite 2807-k(9-a).
  3. 03 Medical debt should not be on a New York credit report. Primary-home liens and wage garnishment for medical debt are tightly limited.
  4. 04 Three-year lawsuit window (CPLR 214-i). A payment after it runs out does not restart it.

Appeals

New York’s surprise-billing law (IDRE) plus the No Surprises Act — among the oldest state balance-billing regimes.

Insurance: New York DFS / Department of Health — external appeal

Medicaid: OTDA / Medicaid fair hearing.

Medicare is federal regardless of state: redetermination, reconsideration, ALJ, Appeals Council, then district court.

Cite this in a letter

I request hospital financial assistance under New York Public Health Law § 2807-k(9-a). Please send the uniform application, waive all charges if my household is below 200% of FPL and apply the required discount up to 400% of FPL, and do not refer this bill to a collector while this application is pending. Do not place a lien on my primary residence.
NY

Put a New York bill in the machine.

The estimate will use this state’s floors. The letters will cite N.Y. Public Health Law § 2807-k(9-a) (Hospital Financial Assistance Law).

Start a New York case

New York Attorney General

Federal overlay — every state

  • 501(r)

    501(c)(3) hospital organizations must publish a Financial Assistance Policy, a plain-language summary, and generally may not take extraordinary collection actions (selling the debt, reporting it, liens, lawsuits) until they have made reasonable efforts to determine FAP eligibility.

    Official source
  • No Surprises Act

    Emergency services, air ambulance, and many out-of-network clinicians at in-network facilities cannot balance-bill beyond in-network cost-sharing. Independent dispute resolution is between the plan and the provider — not a reason to pay the sticker rate.

    Official source
  • FDCPA

    15 U.S.C. § 1692g. Within 30 days of first collector contact, demand validation. Until it is validated, the collector should stop collecting. Partial payment can restart a state’s statute of limitations.

    Official source
  • EMTALA

    Emergency departments must screen and stabilize regardless of ability to pay. An ER bill is not an agreement that chargemaster rates are the cash price.

    Official source
  • Medicare appeals

    Five levels: redetermination (MAC, 120 days), reconsideration (QIC), ALJ at OMHA, Medicare Appeals Council, then federal district court. A remaining patient balance is often a claim the provider still needs to work.

    Official source
  • Credit bureaus

    The CFPB’s 2025 medical-debt reporting rule was vacated in July 2025. Industry practice still generally omits paid medical collections and unpaid balances under $500. Unpaid medical debt over $500 can appear after a delay unless a state ban applies. FCRA-preemption fights over those state bans are ongoing.

    Official source

Sources

Official government sources for the New York information on this page. UNDUE does not represent any government entity.