01/12/2026    Daniel Chaskin, DPM

: HIPAA and Credit Cards

Does HIPAA allow a podiatrist to mandate a future
or current patient give their credit card
information for a podiatrist to keep so that
patients can be charged for missed appointments,
co-payments, and deductibles?

Daniel Chaskin, DPM, Ridgewood, NY

Editor’s Comment: PM News does not provide legal
advice. HIPAA generally allows podiatrists and
other healthcare providers to require a credit
card on file for future charges, as long as the
information is handled securely. However, New York
State law (where you are currently located)
significantly restricts this practice.

• Patient's medical identity must still be
protected under HIPAA Privacy and Security Rules.
• Authorization: Providers must obtain clear,
written consent from the patient that explicitly
details when and how the card will be charged
(e.g., for no-shows or after insurance has paid
its portion).

New York Specific Restrictions

In New York, recent legislation (General Business
Law § 519-A and Public Health Law § 18-c) provides
much stricter patient protections:

• Prohibition on Mandating Cards: Healthcare
providers in New York are prohibited from
requiring a credit card to be kept on file as a
condition of receiving emergency or medically
necessary services.

• Separate Consent: Providers must use separate
consent forms for treatment and for payment.
Consent to pay for services cannot be obtained
before the services are actually rendered and
costs have been discussed.

• Risk Notification: If a patient chooses to
use a credit card, the provider is legally
required to notify them of the risks, specifically
that they may forfeit certain state and federal
protections related to medical debt by converting
it into credit card debt.

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