50-state desk · NY
New York
Statutory floorHospitals must provide financial aid: typically 100% at or below 100–150% FPL depending on the hospital’s size and pool, with sliding discounts commonly through 300% statewide and up to 400% at many facilities. Applications must be accepted, collections limited while pending, and medical debt 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 September 2026
| Rule | This state |
|---|---|
| Free-care floor | 200% FPL |
| Discount / eligibility floor | 400% FPL |
| Covers insured patients | Yes, if they otherwise qualify |
| Which hospitals | Generally all licensed hospitals |
| Medicaid expansion | Yes — adults to 138% FPL |
| Screen before collections | Yes |
| Credit reports | Statewide ban (FCRA-preemption fights ongoing) |
| Debt sales | Restricted or banned |
| Home liens | Restricted or banned |
| Wage garnishment | Banned for qualifying medical debt |
| Interest on medical debt | No special cap located |
| Collection hold | No extra state waiting period |
| Lawsuit clock | 3 years · CPLR 213 / 214; consumer medical debt generally 3 years after 2022 reforms |
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.
| Household | 100% | Free floor | Discount 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
- 01 New York hospitals must have a financial-aid policy. Ask for the application the same day.
- 02 Collections should pause while the application is pending. Cite 2807-k(9-a).
- 03 Medical debt should not be on a New York credit report. Primary-home liens and wage garnishment for medical debt are tightly limited.
- 04 Three-year lawsuit window. Do not revive old debt with a partial payment.
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, apply the sliding scale through at least 300% of FPL (400% if your policy provides it), and suspend collections while this application is pending. Do not furnish this account to a credit bureau or place a lien on my primary residence.
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 caseFederal 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.
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.
FDCPA
15 U.S.C. § 1692g. Within 30 days of first collector contact, demand validation. Until validated, collection and credit reporting should stop. Partial payment can restart a state’s statute of limitations.
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.
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.
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.