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: Moderate Partisan Bill (Democrat 10-3)
Status: (Passed) 2022-11-21 - signed chap.601 [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. LBD01911-06-1A. 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.