Bill Text: NY A04285 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Establishes mental health parity in the family health plus program.

Spectrum: Partisan Bill (Democrat 49-2)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A04285 Detail]

Download: New_York-2011-A04285-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4285
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2011
                                      ___________
       Introduced by M. of A. P. RIVERA, GOTTFRIED, CANESTRARI, CLARK, GUNTHER,
         DINOWITZ, WEISENBERG, PHEFFER, ENGLEBRIGHT, SCARBOROUGH, JACOBS, McEN-
         ENY,  COLTON, CAHILL, KAVANAGH, LUPARDO -- Multi-Sponsored by -- M. of
         A. ABBATE, ARROYO, AUBRY, BENEDETTO, BOYLAND,  BRENNAN,  BROOK-KRASNY,
         CAMARA,  COOK,  CYMBROWITZ,  DESTITO,  DUPREY,  GALEF,  GLICK, HEVESI,
         HIKIND, HOOPER, HOYT, NOLAN, O'DONNELL, ORTIZ, PAULIN, PEOPLES-STOKES,
         PERRY,  RAMOS,  REILLY,  J. RIVERA,  N. RIVERA,  ROBINSON,  ROSENTHAL,
         SCHROEDER,  SPANO,  SWEENEY,  TITUS,  TOWNS, WEINSTEIN, WRIGHT -- read
         once and referred to the Committee on Health
       AN ACT to amend the public health law and the social  services  law,  in
         relation  to establishing mental health parity in public health insur-
         ance plans
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 7 of section 2510 of the public health law, as
    2  amended by section 21 of part B of chapter 109 of the laws of  2010,  is
    3  amended to read as follows:
    4    7.  "Covered  health care services" means: the services of physicians,
    5  optometrists, nurses, nurse practitioners, midwives  and  other  related
    6  professional  personnel  which  are  provided  on  an  outpatient basis,
    7  including routine well-child visits; diagnosis and treatment of  illness
    8  and injury; inpatient health care services; laboratory tests; diagnostic
    9  x-rays;  prescription  and  non-prescription  drugs  and durable medical
   10  equipment; radiation therapy; chemotherapy; hemodialysis; emergency room
   11  services; hospice services; emergency,  preventive  and  routine  dental
   12  care,  including  medically necessary orthodontia but excluding cosmetic
   13  surgery;  emergency,  preventive  and  routine  vision  care,  including
   14  eyeglasses;  speech  and hearing services; and, inpatient and outpatient
   15  mental health, alcohol and substance abuse services as  defined  by  the
   16  commissioner  in  consultation  with  the  superintendent, PROVIDED THAT
   17  COVERAGE FOR MENTAL HEALTH, ALCOHOL AND SUBSTANCE ABUSE  SERVICES  SHALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00404-01-1
       A. 4285                             2
    1  BE  PROVIDED  ON THE SAME TERMS AND CONDITIONS AS THE COVERAGE FOR OTHER
    2  HEALTH CARE SERVICES.  "Covered health care services" shall not  include
    3  drugs, procedures and supplies for the treatment of erectile dysfunction
    4  when  provided to, or prescribed for use by, a person who is required to
    5  register as a sex offender pursuant to article six-C of  the  correction
    6  law,  provided  that any denial of coverage of such drugs, procedures or
    7  supplies shall provide the patient with the  means  of  obtaining  addi-
    8  tional information concerning both the denial and the means of challeng-
    9  ing such denial.
   10    S  2.  Subparagraph  (ix) of paragraph (e) of subdivision 1 of section
   11  369-ee of the social services law, as added by chapter 1 of the laws  of
   12  1999, is amended to read as follows:
   13    (ix)  inpatient and outpatient mental health and alcohol and substance
   14  abuse services, as defined by the commissioner, PROVIDED  THAT  COVERAGE
   15  FOR  MENTAL  HEALTH,  ALCOHOL  AND  SUBSTANCE  ABUSE  SERVICES  SHALL BE
   16  PROVIDED ON THE SAME TERMS AND CONDITIONS  AS  THE  COVERAGE  FOR  OTHER
   17  COVERED HEALTH CARE SERVICES;
   18    S  3. The commissioner of health is authorized to submit amendments to
   19  the state plan for medical assistance and submit one  or  more  applica-
   20  tions for waivers of the federal social security act as may be necessary
   21  to obtain the federal approvals necessary to implement this chapter.
   22    S  4. This act shall take effect on the first of April next succeeding
   23  the date on which it shall have become a law;  provided,  however,  that
   24  the amendments to subdivision 7 of section 2510 of the public health law
   25  made  by section one of this act shall not affect the expiration of such
   26  subdivision and shall be deemed to expire therewith.