Bill Text: NY A07846 | 2015-2016 | General Assembly | Amended

---

Bill Title: Prohibits providers of health care coverage from requiring behavioral health providers to provide all products offered by the health care plan.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2016-03-29 - REFERRED TO HEALTH [A07846 Detail]

Download: New_York-2015-A07846-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7846--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 28, 2015
                                      ___________
       Introduced by M. of A. CAHILL -- read once and referred to the Committee
         on  Health -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the social services law, the public health law  and  the
         insurance  law,  in  relation to prohibiting a provider of health care
         coverage from requiring providers of  behavioral  health  services  to
         offer all products offered by the provider of health care coverage
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 365-m of the social  services  law  is  amended  by
    2  adding a new subdivision 6 to read as follows:
    3    6.   (A)   NO  MANAGED  CARE  PROVIDER  UNDER  SECTION  THREE  HUNDRED
    4  SIXTY-FOUR-J OF THIS TITLE SHALL BY CONTRACT OR WRITTEN POLICY OR PROCE-
    5  DURE, REQUIRE A BEHAVIORAL HEALTH SERVICES PROVIDER  TO  PARTICIPATE  IN
    6  THE  IN-NETWORK  PORTION  OF  ANY  PRODUCT  OFFERED BY SUCH MANAGED CARE
    7  PROVIDER, OTHER THAN PRODUCTS  UNDER  SUCH  SECTION.  BEHAVIORAL  HEALTH
    8  SERVICES  PROVIDERS  SHALL  HAVE  THE  RIGHT TO SELECT BY EXECUTION OF A
    9  SEPARATE AGREEMENT THE PRODUCTS OF SUCH MANAGED CARE PROVIDER  IN  WHICH
   10  THE PROVIDER AGREES TO PARTICIPATE IN THE IN-NETWORK PORTION.
   11    (B)  AS  USED  IN THIS SUBDIVISION, "BEHAVIORAL HEALTH SERVICES" MEANS
   12  INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
   13  LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
   14  THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH
   15  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
   16  THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
   17  MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
   18    S  2. Section 2511 of the public health law is amended by adding a new
   19  subdivision 22 to read as follows:
   20    22. (A) NO APPROVED ORGANIZATION SHALL BY CONTRACT OR  WRITTEN  POLICY
   21  OR  PROCEDURE,  REQUIRE A BEHAVIORAL HEALTH SERVICES PROVIDER TO PARTIC-
   22  IPATE IN THE IN-NETWORK PORTION OF ANY PRODUCT OFFERED BY SUCH ORGANIZA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10990-02-5
       A. 7846--A                          2
    1  TION, OTHER THAN PRODUCTS UNDER THIS TITLE.  BEHAVIORAL HEALTH  SERVICES
    2  PROVIDERS  SHALL  HAVE  THE  RIGHT  TO SELECT BY EXECUTION OF A SEPARATE
    3  AGREEMENT THE PRODUCTS  OF  SUCH  APPROVED  ORGANIZATION  IN  WHICH  THE
    4  PROVIDER AGREES TO PARTICIPATE IN THE IN-NETWORK PORTION.
    5    (B)  AS  USED  IN THIS SUBDIVISION, "BEHAVIORAL HEALTH SERVICES" MEANS
    6  INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
    7  LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
    8  THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH
    9  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
   10  THIS  CHAPTER,  OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE MENTAL
   11  HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   12    S 3. Section 4406-c of the public health law is amended  by  adding  a
   13  new subdivision 9 to read as follows:
   14    9.  (A) NO HEALTH CARE PLAN LICENSED PURSUANT TO THIS ARTICLE SHALL BY
   15  CONTRACT OR WRITTEN POLICY OR PROCEDURE,  REQUIRE  A  BEHAVIORAL  HEALTH
   16  SERVICES  PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY PROD-
   17  UCT OFFERED BY SUCH PLAN. BEHAVIORAL  HEALTH  SERVICES  PROVIDERS  SHALL
   18  HAVE  THE  RIGHT  TO  SELECT  BY  EXECUTION  OF A SEPARATE AGREEMENT THE
   19  PRODUCTS OF SUCH PLAN IN WHICH THE PROVIDER AGREES TO PARTICIPATE IN THE
   20  IN-NETWORK PORTION.
   21    (B) AS USED IN THIS SUBDIVISION, "BEHAVIORAL  HEALTH  SERVICES"  MEANS
   22  INPATIENT  AND  OUTPATIENT  BEHAVIORAL HEALTH SERVICES PROVIDED BY THOSE
   23  LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-ONE  OR  THIRTY-TWO  OF
   24  THE  MENTAL  HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT TO BOTH
   25  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
   26  THIS CHAPTER, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF  THE  MENTAL
   27  HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   28    S  4.  Section  3217-b of the insurance law is amended by adding a new
   29  subsection (k) to read as follows:
   30    (K) (1) NO INSURER SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL  BY
   31  CONTRACT,  WRITTEN  POLICY  OR  PROCEDURE,  REQUIRE  A BEHAVIORAL HEALTH
   32  SERVICES PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY  PROD-
   33  UCT  OFFERED BY SUCH INSURER. BEHAVIORAL HEALTH SERVICES PROVIDERS SHALL
   34  HAVE THE RIGHT TO SELECT  BY  EXECUTION  OF  A  SEPARATE  AGREEMENT  THE
   35  PRODUCTS OF SUCH INSURERS IN WHICH THE PROVIDER AGREES TO PARTICIPATE IN
   36  THE IN-NETWORK PORTION.
   37    (2)  AS  USED  IN  THIS SUBSECTION, "BEHAVIORAL HEALTH SERVICES" MEANS
   38  INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
   39  LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
   40  THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH
   41  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
   42  THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
   43  MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
   44    S  5.  Section  4325  of  the insurance law is amended by adding a new
   45  subsection (l) to read as follows:
   46    (L) (1) NO CORPORATION ORGANIZED PURSUANT TO  THIS  ARTICLE  SHALL  BY
   47  CONTRACT,  WRITTEN  POLICY  OR  PROCEDURE,  REQUIRE  A BEHAVIORAL HEALTH
   48  SERVICES PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY  PROD-
   49  UCT  OFFERED  BY  SUCH CORPORATION. BEHAVIORAL HEALTH SERVICES PROVIDERS
   50  SHALL HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPARATE AGREEMENT  THE
   51  PRODUCTS OF SUCH CORPORATION IN WHICH THE PROVIDER AGREES TO PARTICIPATE
   52  IN THE IN-NETWORK PORTION.
   53    (2)  AS  USED  IN  THIS SUBSECTION, "BEHAVIORAL HEALTH SERVICES" MEANS
   54  INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
   55  LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
   56  THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH
       A. 7846--A                          3
    1  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
    2  THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
    3  MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
    4    S 6. This act shall take effect immediately.