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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Moderate Partisan Bill (Democrat 10-3)

Status: (Passed) 2022-11-21 - signed chap.601 [A03202 Detail]

Download: New_York-2021-A03202-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3202--A

                               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

        AN  ACT to amend the education law and the insurance law, in relation to
          allowing patients up to ten  visits  with  an  occupational  therapist
          without  a  referral  from  a  physician,  nurse practitioner or other
          health care provider

          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
    17  medicine or psychology, including psychotherapy or to  otherwise  expand
    18  such  licensee's  scope  of  practice  beyond what is authorized by this
    19  chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01911-02-1
        A. 3202--A                          2

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