Bill Text: NY A04236 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes factors and requirements to be considered when a health care practitioner's opinion differs from that of an applicant's treating health care practitioner's opinion as to an applicant's disability.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Vetoed) 2019-12-06 - VETOED MEMO.179 [A04236 Detail]

Download: New_York-2019-A04236-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4236
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced  by M. of A. HEVESI, GLICK, JAFFEE, BARRON, COLTON, MOSLEY --
          Multi-Sponsored by -- M. of A. COOK -- read once and referred  to  the
          Committee on Social Services
        AN  ACT  to  amend  the social services law, in relation to establishing
          factors to be considered when a health care practitioner   upon  exam-
          ination  has  a  different opinion from an applicant's treating health
          care practitioner's opinion as to an applicant's disability
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  332-b  of  the social services law is amended by
     2  adding a new subdivision 4-b to read as follows:
     3    4-b. In the event the practitioner to whom the individual is  referred
     4  pursuant to subdivision four or paragraph (b) of subdivision two of this
     5  section  issues  an  opinion  that differs from the applicant's treating
     6  health care practitioner's opinion, the applicant's treating health care
     7  practitioner's opinion is generally controlling,  subject  to,  but  not
     8  limited to, the following factors:
     9    (a) the length and frequency of the treatment provided,
    10    (b) consistency of the opinion with the record as a whole,
    11    (c) the degree to which the opinion is supported by concrete evidence,
    12  and
    13    (d) the practitioner's specialty.
    14    §  2.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01067-01-9