Charity care in New York: who gets free or discounted care
New York has a law that requires hospitals to give free or discounted care to people with income up to 400% of the federal poverty level.
Charity care means free or discounted care for people with low income. Hospitals also call it financial assistance.
Checked against official sources: October 30, 2026.
What the law says in New York
| Income (% of poverty level) | What you get | Details |
|---|---|---|
| Up to 200% | Free care | If your income is below 200% of the federal poverty level, the hospital must waive all charges. No nominal payment may be collected. |
| 200% to 300% | Discount | If your income is between 200% and 300% of the federal poverty level, the hospital may collect no more than a sliding-scale amount that rises with income, up to 10% of what Medicaid would have paid for the same services (if you are underinsured, up to 10% of your insurance cost sharing). |
| 301% to 400% | Discount | If your income is between 301% and 400% of the federal poverty level, the hospital may collect no more than a sliding-scale amount that rises with income from 10% up to 20% of what Medicaid would have paid (if you are underinsured, up to 20% of your insurance cost sharing). |
These are the income levels written in the law. Each hospital decides using its own policy.
- The law
Hospital Financial Assistance Law (Public Health Law 2807-k(9-a))
- Which hospitals
All general hospitals licensed by the New York State Department of Health, including for-profit and public hospitals, whether or not they take part in the state's Indigent Care Pool. Facilities licensed only by other state agencies (such as the Office of Mental Health) are not covered.
- Who can get help
People without health insurance, underinsured people (out-of-pocket medical costs in the past 12 months above 10% of gross yearly income), and people who have used up their insurance benefits, who show they cannot pay full charges. Help must cover emergency care for New York residents and medically necessary care for people who live in the hospital's primary service area. Immigration status may not be used to decide eligibility.
- The most you can be charged
If your income is below 400% of the federal poverty level, the hospital may not charge you more than Medicaid would have paid for the same services, reduced further by the income levels above. Hospitals may give bigger discounts or help people with higher incomes.
- Savings and other assets
Not allowed. The Department of Health says eligibility is based only on household income; your house, car and other assets may not be considered.
- Who counts as your family
The Department of Health says income is the gross monthly income of the household, before expenses.
Law: N.Y. Public Health Law 2807-k(1)(h), (9), (9-a)
How to apply in New York
- Deadline to apply
No deadline. You may apply at any time, including during the collection process.
- Applying for coverage first
If the hospital thinks you may be eligible for Medicaid or another public program, it may make help depend on your applying for that coverage first. This does not apply to people who could not get that coverage because of immigration status.
- Notice you must get
Hospitals with 24-hour emergency rooms must tell you in writing at intake or registration and at discharge that financial aid may be available, post signs in the languages patients use, and put the information on bills and statements. Application forms must be printed in the main languages of the patients the hospital serves. The application must tell you that once you submit a complete application, you may disregard bills until the hospital decides.
- If you disagree
The hospital must decide within 30 days of receiving your complete application and send its decision in writing with information on how to appeal. Each hospital must have an appeals process. You can also file a complaint with the Department of Health using its Hospital Financial Assistance Law complaint form.
- Other providers
The hospital financial assistance rules cover hospital services only. Doctors who work at the hospital but are not its employees may bill you separately. Separate state rules ban wage garnishment and liens on your primary home for medical debt judgments won by hospitals and licensed health care professionals (see collection limits).
- Find a hospital's policy
Law: N.Y. Public Health Law 2807-k(1)(h), (9), (9-a)
Check your income level
Find out what percent of the federal poverty level your household income is, and compare it with the income levels in New York law.
Free tools, letters and checklist
Where to complain in New York
- Hospital bills and financial assistance: New York State Department of Health, Hospital Financial Assistance Law (HFAL)
A hospital did not follow the financial assistance law, for example it denied help it should have given, did not use the state application, or sued or sent you to collections against the rules. - Health insurance: New York State Department of Financial Services (DFS) · (800) 342-3736
Problems with a state-regulated health plan, a surprise bill or an emergency bill, or to start the state independent dispute resolution process. - Attorney general: New York State Attorney General, Health Care Bureau and consumer helpline · 1-800-771-7755
A credit bureau, hospital, health care provider or ambulance service reported medical debt, a provider broke the medical credit card rules, or another consumer problem with a business or debt collector.
Questions about medical bills in New York
Does New York require hospitals to give free or discounted care?
New York has a law that requires hospitals to give free or discounted care to people with income up to 400% of the federal poverty level.
Who counts as family for charity care in New York?
The Department of Health says income is the gross monthly income of the household, before expenses.