Bill Text: NY A00252 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits providers of health care coverage from requiring behavioral health providers to provide all products offered by the health care plan.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A00252 Detail]
Download: New_York-2019-A00252-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 252 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. CAHILL -- read once and referred to the Committee on Health AN ACT to amend the social services law, the public health law and the insurance law, in relation to prohibiting a provider of health care coverage from requiring providers of behavioral health services to offer all products offered by the provider of health care coverage The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 365-m of the social services law is amended by 2 adding a new subdivision 6 to read as follows: 3 6. (a) No managed care provider under section three hundred sixty- 4 four-j of this title shall by contract or written policy or procedure, 5 require a behavioral health services provider to participate in the 6 in-network portion of any product offered by such managed care provider, 7 other than products under such section. Behavioral health services 8 providers shall have the right to select by execution of a separate 9 agreement the products of such managed care provider in which the 10 provider agrees to participate in the in-network portion. 11 (b) As used in this subdivision, "behavioral health services" means 12 inpatient and outpatient behavioral health services provided by those 13 licensed or certified pursuant to article thirty-one or thirty-two of 14 the mental hygiene law, or programs that are licensed pursuant to both 15 article thirty-one of the mental hygiene law and article twenty-eight of 16 the public health law, or certified under both article thirty-two of the 17 mental hygiene law and article twenty-eight of the public health law. 18 § 2. Section 2511 of the public health law is amended by adding a new 19 subdivision 22 to read as follows: 20 22. (a) No approved organization shall by contract or written policy 21 or procedure, require a behavioral health services provider to partic- 22 ipate in the in-network portion of any product offered by such organiza- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00070-01-9A. 252 2 1 tion, other than products under this title. Behavioral health services 2 providers shall have the right to select by execution of a separate 3 agreement the products of such approved organization in which the 4 provider agrees to participate in the in-network portion. 5 (b) As used in this subdivision, "behavioral health services" means 6 inpatient and outpatient behavioral health services provided by those 7 licensed or certified pursuant to article thirty-one or thirty-two of 8 the mental hygiene law, or programs that are licensed pursuant to both 9 article thirty-one of the mental hygiene law and article twenty-eight of 10 this chapter, or certified under both article thirty-two of the mental 11 hygiene law and article twenty-eight of this chapter. 12 § 3. Section 4406-c of the public health law is amended by adding a 13 new subdivision 10 to read as follows: 14 10. (a) No health care plan licensed pursuant to this article shall by 15 contract or written policy or procedure, require a behavioral health 16 services provider to participate in the in-network portion of any prod- 17 uct offered by such plan. Behavioral health services providers shall 18 have the right to select by execution of a separate agreement the 19 products of such plan in which the provider agrees to participate in the 20 in-network portion. 21 (b) As used in this subdivision, "behavioral health services" means 22 inpatient and outpatient behavioral health services provided by those 23 licensed or certified pursuant to article thirty-one or thirty-two of 24 the mental hygiene law, or programs that are licensed pursuant to both 25 article thirty-one of the mental hygiene law and article twenty-eight of 26 this chapter, or certified under both article thirty-two of the mental 27 hygiene law and article twenty-eight of this chapter. 28 § 4. Section 3217-b of the insurance law is amended by adding a new 29 subsection (l) to read as follows: 30 (l) (1) No insurer subject to the provisions of this article shall by 31 contract, written policy or procedure, require a behavioral health 32 services provider to participate in the in-network portion of any prod- 33 uct offered by such insurer. Behavioral health services providers shall 34 have the right to select by execution of a separate agreement the 35 products of such insurers in which the provider agrees to participate in 36 the in-network portion. 37 (2) As used in this subsection, "behavioral health services" means 38 inpatient and outpatient behavioral health services provided by those 39 licensed or certified pursuant to article thirty-one or thirty-two of 40 the mental hygiene law, or programs that are licensed pursuant to both 41 article thirty-one of the mental hygiene law and article twenty-eight of 42 the public health law, or certified under both article thirty-two of the 43 mental hygiene law and article twenty-eight of the public health law. 44 § 5. Section 4325 of the insurance law is amended by adding a new 45 subsection (m) to read as follows: 46 (m) (1) No corporation organized pursuant to this article shall by 47 contract, written policy or procedure, require a behavioral health 48 services provider to participate in the in-network portion of any prod- 49 uct offered by such corporation. Behavioral health services providers 50 shall have the right to select by execution of a separate agreement the 51 products of such corporation in which the provider agrees to participate 52 in the in-network portion. 53 (2) As used in this subsection, "behavioral health services" means 54 inpatient and outpatient behavioral health services provided by those 55 licensed or certified pursuant to article thirty-one or thirty-two of 56 the mental hygiene law, or programs that are licensed pursuant to bothA. 252 3 1 article thirty-one of the mental hygiene law and article twenty-eight of 2 the public health law, or certified under both article thirty-two of the 3 mental hygiene law and article twenty-eight of the public health law. 4 § 6. This act shall take effect immediately.
