Bill Text: NY A01975 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to mental health services required to be covered by certain insurance policies; removes the requirement that services from creative arts therapists be covered by certain policies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-03-03 - signed chap.62 [A01975 Detail]

Download: New_York-2023-A01975-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1975

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Insurance

        AN ACT to amend the insurance law, in relation to mental health services
          required to be covered by certain insurance policies

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Item (ii) of subparagraph (A) of paragraph 35 of subsection
     2  (i) of section 3216 of the insurance law, as amended by a chapter of the
     3  laws  of  2022  amending  the insurance law relating to health insurance
     4  coverage of outpatient care provided by a mental health practitioner and
     5  a clinical social worker, as proposed in legislative  bills  numbers  S.
     6  6574-A and A. 1171-A, is amended to read as follows:
     7    (ii)  where  the policy provides coverage for physician services, such
     8  policy shall include benefits for outpatient care provided by a psychia-
     9  trist or psychologist licensed to practice in  this  state,  a  licensed
    10  clinical  social  worker within the lawful scope of his or her practice,
    11  who is licensed pursuant to article one hundred fifty-four of the educa-
    12  tion law, a mental health  counselor,  marriage  and  family  therapist,
    13  [creative  arts therapist] or psychoanalyst licensed pursuant to article
    14  one hundred sixty-three of  the  education  law,  a  nurse  practitioner
    15  licensed  to  practice  in  this state, or a professional corporation or
    16  university faculty practice corporation thereof.   Nothing herein  shall
    17  be  construed  to  modify  or  expand  the scope of practice of a mental
    18  health counselor, marriage and family therapist, [creative  arts  thera-
    19  pist]  or  psychoanalyst licensed pursuant to article one hundred sixty-
    20  three of the education law. Further, nothing herein shall  be  construed
    21  to create a new mandated health benefit.
    22    § 2. Subparagraph (A) of paragraph 4 of subsection (l) of section 3221
    23  of the insurance law, as amended by a chapter of the laws of 2022 amend-
    24  ing  the  insurance  law relating to health insurance coverage of outpa-
    25  tient care provided by a  mental  health  practitioner  and  a  clinical

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04011-01-3
        A. 1975                             2

     1  social worker, as proposed in legislative bills numbers S. 6574-A and A.
     2  1171-A, is amended to read as follows:
     3    (A)  Every insurer delivering a group policy or issuing a group policy
     4  for delivery, in this state, that provides reimbursement for psychiatric
     5  or psychological services or for the diagnosis and treatment  of  mental
     6  health  conditions,  however  defined  in  such  policy,  by physicians,
     7  psychiatrists or psychologists,  shall  provide  the  same  coverage  to
     8  insureds  for such services when performed by a licensed clinical social
     9  worker, within the lawful scope of his or her practice, who is  licensed
    10  pursuant  to  article  one  hundred  fifty-four of the education law and
    11  mental health counselors, marriage and family therapists, [creative arts
    12  therapists] and psychoanalysts licensed pursuant to article one  hundred
    13  sixty-three  of the education law, within the lawful scope of his or her
    14  practice. Nothing herein shall be construed  to  modify  or  expand  the
    15  scope  of  practice  of  a  mental health counselor, marriage and family
    16  therapist, [creative arts therapist] or psychoanalyst licensed  pursuant
    17  to  article one hundred sixty-three of the education law. Further, noth-
    18  ing herein shall be construed to create a new mandated health benefit.
    19    § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (l) of
    20  section 3221 of the insurance law, as amended by a chapter of  the  laws
    21  of 2022 amending the insurance law relating to health insurance coverage
    22  of  outpatient care provided by a mental health practitioner and a clin-
    23  ical social worker, as proposed in legislative bills numbers  S.  6574-A
    24  and A.  1171-A, is amended to read as follows:
    25    (ii)  where  the  policy  provides coverage for physician services, it
    26  shall include benefits for outpatient care provided by a psychiatrist or
    27  psychologist licensed to practice in this  state,  or  a  mental  health
    28  counselor,  marriage  and family therapist, [creative arts therapist] or
    29  psychoanalyst licensed pursuant to article one  hundred  sixty-three  of
    30  the  education  law,  or  a  licensed  clinical social worker within the
    31  lawful scope of his or her practice, who is licensed pursuant to article
    32  one hundred fifty-four  of  the  education  law,  a  nurse  practitioner
    33  licensed  to  practice  in  this state, or a professional corporation or
    34  university faculty practice corporation thereof. Nothing herein shall be
    35  construed to modify or expand the scope of practice of a  mental  health
    36  counselor,  marriage  and family therapist, [creative arts therapist] or
    37  psychoanalyst licensed pursuant to article one  hundred  sixty-three  of
    38  the  education law. Further, nothing herein shall be construed to create
    39  a new mandated health benefit.
    40    § 4. Paragraph 2 of subsection (g) of section 4303  of  the  insurance
    41  law,  as amended by a chapter of the laws of 2022 amending the insurance
    42  law relating to health insurance coverage of outpatient care provided by
    43  a mental health practitioner and a clinical social worker,  as  proposed
    44  in legislative bills numbers S. 6574-A and A. 1171-A, is amended to read
    45  as follows:
    46    (2)  where  the contract provides coverage for physician services such
    47  contract shall provide  benefits  for  outpatient  care  provided  by  a
    48  psychiatrist  or  psychologist  licensed to practice in this state, or a
    49  mental health counselor, marriage and family therapist,  [creative  arts
    50  therapist]  or  psychoanalyst licensed   pursuant to article one hundred
    51  sixty-three of the education law, or a licensed clinical  social  worker
    52  within the lawful scope of his or her practice, who is licensed pursuant
    53  to  article one hundred fifty-four of the education law, a nurse practi-
    54  tioner licensed to practice in this state, or  professional  corporation
    55  or university faculty practice corporation thereof. Nothing herein shall
    56  be  construed  to  modify  or  expand  the scope of practice of a mental
        A. 1975                             3

     1  health counselor, marriage and family therapist, [creative  arts  thera-
     2  pist]  or  psychoanalyst licensed pursuant to article one hundred sixty-
     3  three of the education law. Further, nothing herein shall  be  construed
     4  to create a new mandated health benefit.
     5    §  5.  Subsection (n) of section 4303 of the insurance law, as amended
     6  by a chapter of the laws of 2022 amending the insurance law relating  to
     7  health insurance coverage of outpatient care provided by a mental health
     8  practitioner  and  a  clinical social worker, as proposed in legislative
     9  bills numbers S. 6574-A and A. 1171-A, is amended to read as follows:
    10    (n) Every health service  or  medical  expense  indemnity  corporation
    11  issuing  a group contract pursuant to this section or a group remittance
    12  contract for delivery in this state which contract  provides  reimburse-
    13  ment  to  subscribers  or physicians, psychiatrists or psychologists for
    14  psychiatric or psychological services or for the diagnosis and treatment
    15  of mental health conditions, however  defined  in  such  contract,  must
    16  provide  the  same  coverage to persons covered under the group contract
    17  for such services when performed by a licensed clinical  social  worker,
    18  within the lawful scope of his or her practice, who is licensed pursuant
    19  to  article  one  hundred  fifty-four  of the education law and a mental
    20  health counselor, marriage and family therapist, [creative  arts  thera-
    21  pist]  or  psychoanalyst licensed pursuant to article one hundred sixty-
    22  three of the education law. Nothing herein shall be construed to  modify
    23  or  expand  the scope of practice of a mental health counselor, marriage
    24  and  family  therapist,  [creative  arts  therapist]  or   psychoanalyst
    25  licensed  pursuant  to  article one hundred sixty-three of the education
    26  law.   Further, nothing herein  shall  be  construed  to  create  a  new
    27  mandated  health benefit. The state board for social work shall maintain
    28  a list of all licensed clinical social workers qualified for  reimburse-
    29  ment  under  this  subsection. The state board for mental health practi-
    30  tioners shall maintain a list of all licensed mental health  counselors,
    31  marriage and family therapists, [creative arts therapists] or psychoana-
    32  lysts qualified for reimbursement under this subsection.
    33    §  6.  This  act  shall  take  effect on the same date and in the same
    34  manner as a chapter of the laws  of  2022  amending  the  insurance  law
    35  relating  to  health insurance coverage of outpatient care provided by a
    36  mental health practitioner and a clinical social worker, as proposed  in
    37  legislative bills numbers S. 6574-A and A. 1171-A, takes effect.