Bill Text: NY S01705 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 1705 (Prior Session Legislation)

Introduced

Bill Title: Provides factors to be considered when a health care practitioner's opinion differs from that of referral's treating health care practitioner as to a disability; requires such health care practitioner to provide an explicit written determination and to present evidence when such practitioner's diagnosis differs from that of the treating health care practitioner who referred the patient.

Sponsorship: Partisan Bill (Democrat 9)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO SOCIAL SERVICES [S01705 Detail]

Download: New_York-2009-S01705-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1705
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 5, 2009
                                      ___________
       Introduced  by  Sens.  DILAN,  ADAMS,  DIAZ,  HASSELL-THOMPSON, KRUEGER,
         ONORATO, PARKER, SAMPSON, SAVINO -- read twice  and  ordered  printed,
         and when printed to be committed to the Committee on Social Services
       AN  ACT  to  amend  the social services law, in relation to establishing
         factors to be considered when a health care practitioner   upon  exam-
         ination  has  a  different opinion from an applicant's treating health
         care practitioner's opinion  as  to  an  applicant's  disability;  and
         requires  an explicit written determination by the health care practi-
         tioner when the diagnoses differ
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 4 of section 332-b of the social services law
    2  is amended by adding a new paragraph (f) to read as follows:
    3    (F) IN THE EVENT THE PRACTITIONER TO WHOM THE INDIVIDUAL  IS  REFERRED
    4  PURSUANT TO THIS SUBDIVISION OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
    5  SECTION  ISSUES  AN  OPINION  THAT DIFFERS FROM THE APPLICANT'S TREATING
    6  HEALTH CARE PRACTITIONER'S OPINION, THE APPLICANT'S TREATING HEALTH CARE
    7  PRACTITIONER'S OPINION IS GENERALLY CONTROLLING,  SUBJECT  TO,  BUT  NOT
    8  LIMITED TO, THE FOLLOWING FACTORS:
    9    (I) THE LENGTH AND FREQUENCY OF THE TREATMENT PROVIDED,
   10    (II) CONSISTENCY OF THE OPINION WITH THE RECORD AS A WHOLE,
   11    (III)  THE  DEGREE  TO  WHICH  THE  OPINION  IS  SUPPORTED BY CONCRETE
   12  EVIDENCE, AND
   13    (IV) THE PRACTITIONER'S SPECIALTY.
   14    FURTHERMORE, IF THE PRACTITIONER TO WHOM THE  INDIVIDUAL  IS  REFERRED
   15  PURSUANT TO THIS SUBDIVISION OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
   16  SECTION  ISSUES  AN  OPINION  THAT DIFFERS FROM THE APPLICANT'S TREATING
   17  HEALTH CARE PRACTITIONER, THE  PRACTITIONER  MUST  PROVIDE  AN  EXPLICIT
   18  WRITTEN  DETERMINATION  AS  TO  WHY  THE PRACTITIONER DISAGREES WITH THE
   19  APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S DISABILITY DETERMINATION
   20  AND PRESENT EVIDENCE THAT SUPPORTS THE OPINION.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00416-01-9