50-state desk · NY
New York
Statutory floorSince 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
| 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 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.
| 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 (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.
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.
Official sourceNo 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 sourceFDCPA
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 sourceEMTALA
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 sourceMedicare 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 sourceCredit 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.
- N.Y. Public Health Law § 2807-k(9-a) (Hospital Financial Assistance Law)
- N.Y. General Business Law § 380-j (no medical debt in consumer reports)
- N.Y. Public Health Law art. 49-A, §§ 4925-4927 (Medical Debt Reporting)
- CPLR 214-i (3-year lawsuit clock, consumer credit transactions)
- CPLR 5201(b) (no lien on primary residence for hospital/professional medical debt)
- CPLR 5231(b) (no income execution on medical debt judgments)
- N.Y. Financial Services Law art. 6, §§ 601-609 (Emergency Medical Services and Surprise Bills)
- NY Attorney General, Hospital financial assistance (Hospital Financial Aid Law)
- NY Attorney General, Medical debt on credit reports (Fair Medical Debt Reporting Act)
- NY Department of Financial Services, Health insurance and external appeals
- NY OTDA Office of Administrative Hearings (Medicaid fair hearings)
- New York Attorney General (consumer complaint)
- 2026 federal poverty guidelines (U.S. Dept. of Health and Human Services, published on HealthCare.gov)
- Medicaid and CHIP by state (HealthCare.gov)
- 15 U.S.C. § 1673 federal wage-garnishment cap (GovInfo)