Medical debt laws in New York
In New York, the statute of limitations on medical debt is 3 years (N.Y. CPLR 213(2) (contracts, 6 years); CPLR 214-i (consumer credit transactions, 3 years); CPLR 213-d (medical debt, 3 years from treatment)). Medical debt has its own limitations statute in New York: CPLR 213-d requires an action on a medical debt by a hospital licensed under Public Health Law art. 28 or a health care professional to be commenced within 3 years of treatment — shorter than the general 6-year contract period of CPLR 213(2) and matching the 3-year consumer-credit period of CPLR 214-i (added by the 2022 Consumer Credit Fairness Act, which also governs credit-card style accounts). That clock decides whether a collector can win a lawsuit against you — which changes what you should do next, so check the dates on the bill before you do anything else.
| Written contracts | 6 years |
| Oral agreements | 6 years |
| Open accounts (credit cards) | 3 years |
| Medical debt | 3 years |
What the time limit actually means
The statute of limitations does not erase a debt — it limits how long a collector can successfully sue over it. A time-barred debt can still be requested, reported (within credit-reporting time limits), and settled. But if a collector sues after the period has run and you raise the statute of limitations as a defense, the case should be dismissed. The defense is not automatic: you must respond to the lawsuit to use it.
Careful: A signed written acknowledgment or new promise revives or restarts the period (Gen. Oblig. Law § 17-101), and partial payment can restart it under case law — but for consumer credit transactions CPLR 214-i expressly provides that once the 3-year period expires, no payment, affirmation, or other activity on the debt can revive or extend it.
New York protections for medical debt
- Three-year medical debt statute of limitations (N.Y. CPLR 213-d) — Hospitals and health care professionals must sue on a medical debt within 3 years of treatment, half the general contract period.
- Fair Medical Debt Reporting Act (medical debt credit-reporting ban) (N.Y. Public Health Law art. 49-A, §§ 4925–4927; Gen. Bus. Law §§ 380-a(v), 380-j (S.4907-A/A.6275-A, signed Dec. 13, 2023)) — Prohibits hospitals, health care professionals, and ambulances from reporting any medical debt to consumer reporting agencies, requires their collection-agency contracts to bar such reporting, bans medical debt from consumer reports regardless of date incurred, and makes any medical debt that is furnished to a credit bureau void.
- Ban on medical-debt wage garnishment and home liens (N.Y. CPLR 5201(b), 5231(b) as amended by S.6522-A/A.7363-A (effective Nov. 23, 2022)) — Medical providers holding medical-debt judgments cannot garnish patients' wages or place or enforce liens on a patient's primary residence.
- Hospital financial assistance law — ban on suing lower-income patients (N.Y. Pub. Health Law § 2807-k(9-a)) — under N.Y. Public Health Law § 2807-k(9-a), hospitals may not commence any legal action to recover medical debt against patients with incomes below 400% of the federal poverty level (any suit must be accompanied by a CFO affidavit that the patient's income exceeds that threshold); required payment plans are capped at 5% of the patient's gross monthly income; interest on the unpaid balance is capped at 2% with no accelerator clauses; and accounts may not be sent to collection while a completed financial-aid application is pending.
- Charity care is federal law. Nonprofit hospitals must maintain a written Financial Assistance Policy and publicize it (IRS §501(r)). If your bill is from a nonprofit hospital, ask for the FAP application before paying anything. How to apply →
- Surprise out-of-network bills. The federal No Surprises Act bans most out-of-network balance billing for emergency care and for out-of-network providers at in-network facilities. When a bill is illegal →
- Credit reporting. The national bureaus no longer report paid medical collections, medical collections under $500, or those less than a year old.
Rules New York sets for collectors
Beyond the federal FDCPA, New York has its own collection statute — the Debt Collection Procedures Law (General Business Law art. 29-H) (N.Y. Gen. Bus. Law §§ 600–603). Prohibits harassing, deceptive, and abusive collection practices by principal creditors and debt collection agencies, and provides consumers avenues to dispute and obtain validation of debts; supplemented by DFS debt-collector conduct rules (23 NYCRR pt. 1) and the Consumer Credit Fairness Act's requirements for consumer debt lawsuits.
No statewide collection-agency license, but debt collection agencies (including debt buyers) operating in New York City must hold a Debt Collection Agency license from the NYC Department of Consumer and Worker Protection, and the Department of Financial Services regulates collector conduct statewide by regulation.
Under the FDCPA, within five days of first contacting you a collector must send a written validation notice (15 U.S.C. §1692g). If you dispute the debt in writing within 30 days of that notice, the collector must stop collection activity until it mails you verification. There is no legal deadline for the collector to respond — but until it does, it cannot lawfully keep collecting.
If a collector is calling: the first 24 hours
- Do not confirm the debt is yours on the phone, and do not make a payment yet — get everything in writing first.
- Ask for the collector’s company name, mailing address, and the amount claimed. Write down the date and time.
- Check the dates: if the last activity on the bill is older than 3 years, the debt may be time-barred in New York.
- Send a written validation request within 30 days. Generate the letter free →
- If the bill is from a hospital, request an itemized bill and ask about financial assistance — billing errors are common and assistance is often retroactive.
Where to complain in New York
Office of the New York State Attorney General, Consumer Frauds and Protection Bureau handles collection complaints at the state level. Federally, file with the Consumer Financial Protection Bureau — complaints become part of the public record collectors are judged on.
Common questions
How long can a debt collector pursue medical debt in New York?
The statute of limitations on medical debt in New York is 3 years (N.Y. CPLR 213(2) (contracts, 6 years); CPLR 214-i (consumer credit transactions, 3 years); CPLR 213-d (medical debt, 3 years from treatment)). Medical debt has its own limitations statute in New York: CPLR 213-d requires an action on a medical debt by a hospital licensed under Public Health Law art. 28 or a health care professional to be commenced within 3 years of treatment — shorter than the general 6-year contract period of CPLR 213(2) and matching the 3-year consumer-credit period of CPLR 214-i (added by the 2022 Consumer Credit Fairness Act, which also governs credit-card style accounts). After that period, a lawsuit to collect can be challenged as time-barred, though collectors may still ask you to pay voluntarily.
Can I be sued for a medical bill after 3 years in New York?
A collector can still file a lawsuit after the limitations period, but the statute of limitations is a defense: if you raise it, a time-barred case should be dismissed. It is not automatic — you must respond to the lawsuit and assert it. Never ignore a court summons.
Does making a small payment restart the clock in New York?
A signed written acknowledgment or new promise revives or restarts the period (Gen. Oblig. Law § 17-101), and partial payment can restart it under case law — but for consumer credit transactions CPLR 214-i expressly provides that once the 3-year period expires, no payment, affirmation, or other activity on the debt can revive or extend it.
Does unpaid medical debt go on my credit report?
Since 2023, the three national credit bureaus (Equifax, Experian, TransUnion) do not report paid medical collections, medical collections under $500, or medical collections less than a year old. Larger, older unpaid medical collections can still appear.
Do hospitals in New York have to offer financial assistance?
Every nonprofit hospital in the United States is required by federal law (IRS Section 501(r)) to have a written Financial Assistance Policy and to tell patients about it. New York adds its own protections on top — see the list on this page.
How do I dispute a medical bill that went to collections?
Send the collector a written debt validation request. Under the federal FDCPA (15 U.S.C. §1692g), if you dispute the debt in writing within 30 days of their first notice, the collector must stop collecting until it mails you verification of the debt. You can generate that letter free on this site — no account needed.
Where do I complain about a debt collector in New York?
File with the Office of the New York State Attorney General, Consumer Frauds and Protection Bureau (https://ag.ny.gov/file-complaint) and with the federal Consumer Financial Protection Bureau at consumerfinance.gov/complaint. Complaints are free and create a record.
Keep reading
- Statute of limitations on all debt in New York
- Free debt validation letter generator — no account needed
- Look up a debt collector — CFPB complaint records for the biggest agencies
- Charity care: hospital financial assistance, applied
- Medical debt laws in Rhode Island
- Medical debt laws in Virginia
- Medical debt laws in Arizona
- Medical debt laws in Georgia
- Medical debt laws in Kentucky
- Medical debt laws in Mississippi
Legal information, not legal advice. Statutes change and courts interpret them — for advice on your situation, talk to a lawyer or your state’s legal aid office. Last reviewed AUG 2026.