Governor Cuomo has announced that the New York State Department of Financial Services (DFS) has issued guidance to medical and dental insurers that their participating providers should not be charging separate fees to patients for personal protective equipment (PPE) costs and that the insurers should seek refunds from those participating providers on behalf of their insureds.  It is important to note that the DFS guidance is carefully crafted to apply only to participating providers with a particular insurance plan.  The guidance has no applicability to non-participating providers.  The guidance is not directed to health care providers, but to insurers because DFS lacks jurisdiction over health care providers.  However, there will be a collateral effect for dentists in that if they are a participating provider with an insurance plan, the plan will now seek to recover monies charged to their insureds separately for PPE.  To read the Governor’s announcement and summary of the DFS guidance on participating providers charging separate PPE fees, use the first link below.  To read the complete DFS guidance on participating providers charging separate PPE fees, use the second link below.
https://www.governor.ny.gov/news/governor-cuomo-announces-department-financial-services-takes-action-protect-patients-ppe-fees  (Governor Cuomo announcement and summary of DFS guidance on participating providers charging separate PPE fees)
https://www.dfs.ny.gov/industry_guidance/circular_letters/cl2020_14  (complete DFS guidance on participating providers charging separate PPE fees)


Christine Taxin
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