STATE OF NEW YORK ________________________________________________________________________ 2163 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ 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 health insurance coverage of outpatient care provided by a mental health practitioner 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 5 of subsection 2 (l) of section 3221 of the insurance law, as amended by chapter 502 of 3 the laws of 2007, is amended to read as follows: 4 (ii) where the policy provides coverage for physician services, it 5 shall include benefits for outpatient care provided by a psychiatrist or 6 psychologist licensed to practice in this state, or a mental health 7 counselor, marriage and family therapist, creative arts therapist or 8 psychoanalyst licensed pursuant to article one hundred sixty-three of 9 the education law, or a licensed clinical social worker who meets the 10 requirements of subparagraph (D) of paragraph four of this subsection, 11 or a professional corporation or university faculty practice corporation 12 thereof. Such benefits may be limited to not less than twenty visits in 13 any contract year, plan year, or calendar year. Nothing herein shall be 14 construed to modify or expand the scope of practice of a mental health 15 counselor, marriage and family therapist, creative arts therapist or 16 psychoanalyst licensed pursuant to article one hundred sixty-three of 17 the education law. 18 § 2. Paragraph 1 of subsection (h) of section 4303 of the insurance 19 law, as amended by chapter 502 of the laws of 2007, is amended to read 20 as follows: 21 (1) A medical expense indemnity corporation or a health service corpo- 22 ration, which provides group, group remittance or school blanket cover- 23 age for physician services, shall provide as part of its contract broad- 24 based coverage for the diagnosis and treatment of mental, nervous or 25 emotional disorders or ailments, however defined in such contract, at EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07860-01-7A. 2163 2 1 least equal to the coverage provided for other health conditions and 2 shall include: benefits for outpatient care provided by a psychiatrist 3 or psychologist licensed to practice in this state, or a mental health 4 counselor, marriage and family therapist, creative arts therapist or 5 psychoanalyst licensed pursuant to article one hundred sixty-three of 6 the education law, or a licensed clinical social worker who meets the 7 requirements of subsection (n) of this section, or a professional corpo- 8 ration or university faculty practice corporation thereof, which bene- 9 fits may be limited to not less than twenty visits in any contract year, 10 plan year or calendar year. Such coverage may be provided on a contract 11 year, plan year or calendar year basis and shall be consistent with the 12 provision of other benefits under the contract. Such coverage may be 13 subject to annual deductibles, co-pays and coinsurance as may be deemed 14 appropriate by the superintendent and shall be consistent with those 15 imposed on other benefits under the contract. In the event the group 16 remittance group or contract holder is provided coverage provided under 17 this paragraph and under subparagraph (B) of paragraph one of subsection 18 (g) of this section from the same health service corporation, or under a 19 contract which is jointly underwritten by two health service corpo- 20 rations or by a health service corporation and a medical expense indem- 21 nity corporation, the aggregate of the benefits for out-patient care 22 obtained under subparagraph (B) of paragraph one of subsection (g) of 23 this section and this paragraph may be limited to not less than twenty 24 visits in any contract year, plan year or calendar year. Nothing herein 25 shall be construed to modify or expand the scope of practice of a mental 26 health counselor, marriage and family therapist, creative arts therapist 27 or psychoanalyst licensed pursuant to article one hundred sixty-three of 28 the education law. 29 § 3. This act shall take effect on the first of January next succeed- 30 ing the date on which it shall have become a law and shall apply to 31 policies and contracts issued, renewed, modified, altered or amended on 32 or after such effective date.