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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7846
                              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
       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. NO MANAGED CARE PROVIDER SUBJECT TO THE PROVISIONS OF SECTION THREE
    4  HUNDRED SIXTY-FOUR-J OF THIS TITLE SHALL BY CONTRACT OR  WRITTEN  POLICY
    5  OR   PROCEDURE,   REQUIRE   PROVIDERS   LICENSED   PURSUANT  TO  ARTICLE
    6  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR PURSUANT TO ARTICLE THIRTY-ONE
    7  OR THIRTY-TWO OF THE MENTAL  HYGIENE  LAW  PROVIDING  BEHAVIORAL  HEALTH
    8  SERVICES  TO  PARTICIPATE  IN  ALL PRODUCTS OFFERED BY SUCH MANAGED CARE
    9  PROVIDER. PROVIDERS LICENSED PURSUANT TO  ARTICLE  TWENTY-EIGHT  OF  THE
   10  PUBLIC  HEALTH  LAW,  OR PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
   11  THE MENTAL HYGIENE LAW PROVIDING BEHAVIORAL HEALTH SERVICES  SHALL  HAVE
   12  THE  RIGHT  TO  SELECT BY EXECUTION OF A SEPARATE AGREEMENT THE PRODUCTS
   13  THAT THE PROVIDER AGREES TO PARTICIPATE IN  THE  IN-NETWORK  PORTION  OF
   14  SUCH MANAGED CARE PROVIDER.
   15    S  2. Section 2511 of the public health law is amended by adding a new
   16  subdivision 22 to read as follows:
   17    22. NO APPROVED ORGANIZATION SHALL BY CONTRACT OR  WRITTEN  POLICY  OR
   18  PROCEDURE,  REQUIRE  PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT
   19  OF THIS CHAPTER, OR PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF  THE
   20  MENTAL  HYGIENE  LAW PROVIDING BEHAVIORAL HEALTH SERVICES TO PARTICIPATE
   21  IN ALL PRODUCTS OFFERED BY SUCH ORGANIZATION. PROVIDERS LICENSED  PURSU-
   22  ANT  TO  ARTICLE  TWENTY-EIGHT  OF  THIS CHAPTER, OR PURSUANT TO ARTICLE
   23  THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW PROVIDING  BEHAVIORAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10990-01-5
       A. 7846                             2
    1  HEALTH  SERVICES  SHALL HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPA-
    2  RATE AGREEMENT THE PRODUCTS THAT THE PROVIDER AGREES TO  PARTICIPATE  IN
    3  THE IN-NETWORK PORTION OF SUCH ORGANIZATION.
    4    S  3.  Section  4406-c of the public health law is amended by adding a
    5  new subdivision 9 to read as follows:
    6    9. NO HEALTH CARE PLAN LICENSED PURSUANT  TO  THIS  ARTICLE  SHALL  BY
    7  CONTRACT  OR  WRITTEN  POLICY  OR  PROCEDURE, REQUIRE PROVIDERS LICENSED
    8  PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR PURSUANT TO ARTICLE
    9  THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW PROVIDING  BEHAVIORAL
   10  HEALTH  SERVICES  TO  PARTICIPATE  IN ALL PRODUCTS OFFERED BY SUCH PLAN.
   11  PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER,  OR
   12  PURSUANT  TO  ARTICLE THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW
   13  PROVIDING BEHAVIORAL HEALTH SERVICES SHALL HAVE THE RIGHT TO  SELECT  BY
   14  EXECUTION  OF A SEPARATE AGREEMENT THE PRODUCTS THAT THE PROVIDER AGREES
   15  TO PARTICIPATE IN THE IN-NETWORK PORTION OF SUCH PLAN.
   16    S 4. Section 3217-b of the insurance law is amended by  adding  a  new
   17  subsection (k) to read as follows:
   18    (K)  NO  INSURER  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BY
   19  CONTRACT, WRITTEN POLICY OR PROCEDURE, REQUIRE PROVIDERS LICENSED PURSU-
   20  ANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH  LAW,  OR  PURSUANT  TO
   21  ARTICLE  THIRTY-ONE  OR  THIRTY-TWO  OF THE MENTAL HYGIENE LAW PROVIDING
   22  BEHAVIORAL HEALTH SERVICES TO PARTICIPATE IN  ALL  PRODUCTS  OFFERED  BY
   23  SUCH INSURER. PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
   24  PUBLIC  HEALTH  LAW,  OR PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
   25  THE MENTAL HYGIENE LAW PROVIDING BEHAVIORAL HEALTH SERVICES  SHALL  HAVE
   26  THE  RIGHT  TO  SELECT BY EXECUTION OF A SEPARATE AGREEMENT THE PRODUCTS
   27  THAT THE PROVIDER AGREES TO PARTICIPATE IN  THE  IN-NETWORK  PORTION  OF
   28  SUCH INSURER.
   29    S  5.  Section  4325  of  the insurance law is amended by adding a new
   30  subsection (l) to read as follows:
   31    (L) NO  CORPORATION  ORGANIZED  PURSUANT  TO  THIS  ARTICLE  SHALL  BY
   32  CONTRACT, WRITTEN POLICY OR PROCEDURE, REQUIRE PROVIDERS LICENSED PURSU-
   33  ANT  TO  ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW, OR PURSUANT TO
   34  ARTICLE THIRTY-ONE OR THIRTY-TWO OF THE  MENTAL  HYGIENE  LAW  PROVIDING
   35  BEHAVIORAL  HEALTH  SERVICES  TO  PARTICIPATE IN ALL PRODUCTS OFFERED BY
   36  SUCH CORPORATION. PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF
   37  THE PUBLIC HEALTH LAW, OR PURSUANT TO ARTICLE THIRTY-ONE  OR  THIRTY-TWO
   38  OF  THE  MENTAL  HYGIENE  LAW PROVIDING BEHAVIORAL HEALTH SERVICES SHALL
   39  HAVE THE RIGHT TO SELECT  BY  EXECUTION  OF  A  SEPARATE  AGREEMENT  THE
   40  PRODUCTS  THAT  THE  PROVIDER  AGREES  TO  PARTICIPATE IN THE IN-NETWORK
   41  PORTION OF SUCH CORPORATION.
   42    S 6. This act shall take effect immediately.