Bill Text: NY A03202 | 2021-2022 | General Assembly | Amended


Bill Title: Allows patients to receive certain treatment by an occupational therapist without a referral from a physician or nurse practitioner; requires the occupational therapist to inform the patient of certain potential insurance issues; relates to eliminating the need for referrals for certain treatment under coverage provided by certain motor vehicle insurance policies.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Engrossed) 2021-06-01 - REFERRED TO RULES [A03202 Detail]

Download: New_York-2021-A03202-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3202--C

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by  M.  of A. McDONALD, O'DONNELL, STECK, PALMESANO, JENSEN,
          GOTTFRIED, MEEKS, FORREST, JACOBSON, ASHBY -- read once  and  referred
          to  the  Committee  on  Higher Education -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said  committee  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        AN ACT to amend the education law, in relation to allowing  patients  to
          receive  certain  treatment  by  an  occupational  therapist without a
          referral from a physician or nurse  practitioner;  and  to  amend  the
          insurance  law,  in relation to eliminating the need for referrals for
          certain treatment

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

     1    Section  1.  Section  7901 of the education law, as amended by chapter
     2  460 of the laws of 2011, is amended to read as follows:
     3    § 7901. Definition. 1. The practice of the profession of  occupational
     4  therapy is defined as the functional evaluation of the client, the plan-
     5  ning and utilization of a program of purposeful activities, the develop-
     6  ment  and  utilization  of a treatment program, and/or consultation with
     7  the client, family, caregiver  or  organization  in  order  to  restore,
     8  develop  or  maintain  adaptive  skills,  and/or  performance  abilities
     9  designed to achieve maximal physical, cognitive and  mental  functioning
    10  of  the client associated with his or her activities of daily living and
    11  daily life tasks. A treatment  program  designed  to  restore  function,
    12  shall  be rendered on the prescription or referral of a physician, nurse
    13  practitioner or other health care provider  acting  within  his  or  her
    14  scope  of  practice  pursuant  to  this title, except as provided for in
    15  subdivision two of this section.  However,  nothing  contained  in  this
    16  article  shall be construed to permit any licensee hereunder to practice

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01911-06-1

        A. 3202--C                          2

     1  medicine or psychology, including psychotherapy or to  otherwise  expand
     2  such  licensee's  scope  of  practice  beyond what is authorized by this
     3  chapter.
     4    2.  Treatment may be rendered by a licensed occupational therapist for
     5  ten visits, or thirty days,  whichever  shall  occur  first,  without  a
     6  referral from a physician or nurse practitioner provided that:
     7    (a)  the  licensed  occupational  therapist has practiced occupational
     8  therapy on a full time basis equivalent to not less  than  three  years;
     9  and
    10    (b)  each  occupational  therapist  licensed  pursuant to this article
    11  shall provide written notice to each patient receiving treatment  absent
    12  a  referral  from  a  physician  or nurse practitioner that occupational
    13  therapy may not be covered by the patient's health care plan or  insurer
    14  without such a referral and that such treatment may be a covered expense
    15  if  rendered  pursuant  to a referral.  The occupational therapist shall
    16  keep on file  with  the  patient's  records  a  form  attesting  to  the
    17  patient's  notice  of such advice. Such form shall be in duplicate, with
    18  one copy to be retained by the patient, signed and  dated  by  both  the
    19  occupational therapist and the patient in such form as prescribed pursu-
    20  ant to regulations promulgated by the commissioner.
    21    §  2.  Paragraph  1 of subsection (a) of section 5102 of the insurance
    22  law, as amended by chapter 298 of the laws of 2006, is amended  to  read
    23  as follows:
    24    (1)  All  necessary  expenses  incurred  for:  (i)  medical,  hospital
    25  (including services rendered in compliance with article forty-one of the
    26  public health law, whether or not such services are rendered directly by
    27  a hospital), surgical, nursing, dental, ambulance,  x-ray,  prescription
    28  drug   and  prosthetic  services;  (ii)  psychiatric,  physical  therapy
    29  (provided that treatment is rendered pursuant to a referral) and occupa-
    30  tional therapy and rehabilitation (provided that treatment  is  rendered
    31  pursuant  to a referral); (iii) any non-medical remedial care and treat-
    32  ment rendered in accordance with a religious method  of  healing  recog-
    33  nized  by the laws of this state; and (iv) any other professional health
    34  services; all without limitation as to time, provided  that  within  one
    35  year after the date of the accident causing the injury it is ascertaina-
    36  ble that further expenses may be incurred as a result of the injury. For
    37  the  purpose  of  determining basic economic loss, the expenses incurred
    38  under this paragraph shall be in  accordance  with  the  limitations  of
    39  section five thousand one hundred eight of this article.
    40    § 3. This act shall take effect on the one hundred twentieth day after
    41  it shall have become a law.  Effective immediately, the addition, amend-
    42  ment and/or repeal of any rule or regulation necessary for the implemen-
    43  tation  of  this act on its effective date are authorized to be made and
    44  completed on or before such effective date.
feedback