Bill Text: NY A10066 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to coverage for maternal depression screenings; provides for coverage for pediatric providers who provide screenings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2016-06-15 - REFERRED TO RULES [A10066 Detail]
Download: New_York-2015-A10066-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10066 IN ASSEMBLY May 10, 2016 ___________ Introduced by M. of A. RICHARDSON, GOTTFRIED -- read once and referred to the Committee on Health AN ACT to amend the public health law and the insurance law, in relation to maternal depression screening and referral performed by a provider of pediatric services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The purpose of this act is to clarify 2 that where a maternal depression screening is performed by the pediatric 3 provider, the "patient" is the child; no new patient record needs to be 4 created for the mother as patient; and the pediatric provider is covered 5 if he or she is in the child's health plan network, regardless of wheth- 6 er he or she is in the mother's health plan network. In the traditional 7 situation where the mother's health care provider is providing a mater- 8 nal depression screening, the mother is the patient. 9 § 2. Section 4406-f of the public health law, as added by chapter 199 10 of the laws of 2014, is amended to read as follows: 11 § 4406-f. Maternal depression screenings. To the extent a plan 12 provides coverage for maternal depression screening, no health mainte- 13 nance organization subject to this article shall by contract, written 14 policy or procedure limit a patient enrollee's direct access to screen- 15 ing and referral for maternal depression, as defined in subdivision one 16 of section twenty-five hundred-k of this chapter, from a provider of 17 obstetrical, gynecologic, or pediatric services of her choice; provided 18 that: (a) the patient enrollee's access to such services, coverage and 19 choice of provider is otherwise subject to the terms and conditions of 20 the plan under which the patient enrollee is covered; (b) where maternal 21 depression screening or referral is performed by a provider of pediatric 22 services, the child of the mother shall be deemed to be the patient and 23 the maternal depression screening and referral shall be deemed to be a 24 service provided to the child; and (c) otherwise, the mother shall be 25 deemed to be the patient and the maternal depression screening and 26 referral shall be deemed to be a service provided to the mother. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15234-01-6A. 10066 2 1 § 3. Section 3217-g of the insurance law, as added by chapter 199 of 2 the laws of 2014, is amended to read as follows: 3 § 3217-g. Maternal depression screenings. To the extent a policy 4 provides coverage for maternal depression screening, no insurer subject 5 to this article shall by contract, written policy or procedure limit a 6 patient insured's direct access to screening and referral for maternal 7 depression, as defined in subdivision one of section twenty-five 8 hundred-k of the public health law, from a provider of obstetrical, 9 gynecologic, or pediatric services of her choice; provided that: (a) the 10 patient insured's access to such services, coverage and choice of 11 provider is otherwise subject to the terms and conditions of the policy 12 under which the patient insured is covered; (b) where maternal 13 depression screening or referral is performed by a provider of pediatric 14 services, the child of the mother shall be deemed to be the patient and 15 the maternal depression screening and referral shall be deemed to be a 16 service provided to the child; and (c) otherwise, the mother shall be 17 deemed to be the patient and the maternal depression screening and 18 referral shall be deemed to be a service provided to the mother. 19 § 4. Section 4306-f of the insurance law, as added by chapter 199 of 20 the laws of 2014, is amended to read as follows: 21 § 4306-f. Maternal depression screenings. To the extent a contract 22 provides coverage for maternal depression screening, no corporation 23 subject to this article shall by contract, written policy or procedure 24 limit a patient insured's direct access to screening and referral for 25 maternal depression, as defined in subdivision one of section twenty- 26 five hundred-k of the public health law, from a provider of obstetrical, 27 gynecologic, or pediatric services of her choice; provided that: (a) the 28 patient insured's access to such services, coverage and choice of 29 provider is otherwise subject to the terms and conditions of the 30 contract under which the patient insured is covered; (b) where maternal 31 depression screening or referral is performed by a provider of pediatric 32 services, the child of the mother shall be deemed to be the patient and 33 the maternal depression screening and referral shall be deemed to be a 34 service provided to the child; and (c) otherwise, the mother shall be 35 deemed to be the patient and the maternal depression screening and 36 referral shall be deemed to be a service provided to the mother. 37 § 5. This act shall take effect on the first of January next succeed- 38 ing the date on which it shall have become a law and shall apply to all 39 policies and contracts issued, renewed, modified, altered, amended or 40 delivered on or after such date; provided, however, that effective imme- 41 diately, the addition, amendment and/or repeal of any rule or regulation 42 necessary for the implementation of this act on its effective date are 43 authorized and directed to be made and completed on or before such 44 effective date.
