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.