Article

Charging Credit Card Patients more OK?

Provided by:  Jennifer Kirschenbaum, Esq.

June 4, 2019

 

Question


Hi Jennifer,

Can I charge patients who use credit cards more money so I do not lose on the merchant processing fee?  I heard you can do that now... 

Thanks, Dr. L 





Answer:


Yes!  A recent case clarified NYS law that you can charge patients a higher amount for using a credit card, however, the higher price tag must be on display and open and obvious for the extra fee to be imposed.  The case this came up in is - EXPRESSIONS HAIR DESIGN, et al., v.
Eric T. SCHNEIDERMAN, 32 N.Y.3d 382, 2018.  The main holding states: 

"So long as the total dollars-and-cents price charged for credit card purchases is posted, state law does not prohibit merchants from explaining the difference in price from that of a cash purchase as a “surcharge” attributable to credit card transaction fees they must bear; the process by which the merchant characterizes the higher amount is irrelevant to the statutory requirement, and merchants are free to call the price differential anything they wish without fear of prosecution under the statute. N.Y. General Business Law § 518."  Id. 


JOIN OUR UPCOMING WEBINAR
Title

Conducting and Implementing Security Risk Assessment Recommendations

Date and Time

Tue, Jun 11, 2019 12:00 PM - 1:00 PM EDT

Description

Join Jennifer for a discussion on the Security Risk Assessment process and implementing practical recommended solutions.

Registration
https://attendee.gotowebinar.com/register/5693100083607960065

Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!
Charging Credit Card Patients more OK? - June 4, 2019 - Jennifer Kirschenbaum

Article

Charging Credit Card Patients more OK?

Provided by:  Jennifer Kirschenbaum, Esq.

June 4, 2019

 

Question


Hi Jennifer,

Can I charge patients who use credit cards more money so I do not lose on the merchant processing fee?  I heard you can do that now... 

Thanks, Dr. L 





Answer:


Yes!  A recent case clarified NYS law that you can charge patients a higher amount for using a credit card, however, the higher price tag must be on display and open and obvious for the extra fee to be imposed.  The case this came up in is - EXPRESSIONS HAIR DESIGN, et al., v.
Eric T. SCHNEIDERMAN, 32 N.Y.3d 382, 2018.  The main holding states: 

"So long as the total dollars-and-cents price charged for credit card purchases is posted, state law does not prohibit merchants from explaining the difference in price from that of a cash purchase as a “surcharge” attributable to credit card transaction fees they must bear; the process by which the merchant characterizes the higher amount is irrelevant to the statutory requirement, and merchants are free to call the price differential anything they wish without fear of prosecution under the statute. N.Y. General Business Law § 518."  Id. 


JOIN OUR UPCOMING WEBINAR
Title

Conducting and Implementing Security Risk Assessment Recommendations

Date and Time

Tue, Jun 11, 2019 12:00 PM - 1:00 PM EDT

Description

Join Jennifer for a discussion on the Security Risk Assessment process and implementing practical recommended solutions.

Registration
https://attendee.gotowebinar.com/register/5693100083607960065

Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!