Bill Text: NY S01840 | 2015-2016 | General Assembly | Introduced

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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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO SOCIAL SERVICES [S01840 Detail]

Download: New_York-2015-S01840-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1840
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       Introduced  by  Sen.  DILAN  -- 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
         requiring 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.  Section  332-b  of  the social services law is amended by
    2  adding two new subdivisions 4-a and 4-b to read as follows:
    3    4-A. IF THE PRACTITIONER TO WHOM THE INDIVIDUAL IS  REFERRED  PURSUANT
    4  TO  SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION
    5  ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE
    6  PRACTITIONER, THE PRACTITIONER MUST PROVIDE AN EXPLICIT WRITTEN DETERMI-
    7  NATION AS TO WHY THE PRACTITIONER DISAGREES WITH THE APPLICANT'S  TREAT-
    8  ING  HEALTH  CARE  PRACTITIONER'S  DISABILITY  DETERMINATION AND PRESENT
    9  EVIDENCE THAT SUPPORTS THE OPINION.
   10    4-B. IN THE EVENT THE PRACTITIONER TO WHOM THE INDIVIDUAL IS  REFERRED
   11  PURSUANT TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
   12  SECTION  ISSUES  AN  OPINION  THAT DIFFERS FROM THE APPLICANT'S TREATING
   13  HEALTH CARE PRACTITIONER'S OPINION, THE APPLICANT'S TREATING HEALTH CARE
   14  PRACTITIONER'S OPINION IS GENERALLY CONTROLLING,  SUBJECT  TO,  BUT  NOT
   15  LIMITED TO, THE FOLLOWING FACTORS:
   16    (A) THE LENGTH AND FREQUENCY OF THE TREATMENT PROVIDED,
   17    (B) CONSISTENCY OF THE OPINION WITH THE RECORD AS A WHOLE,
   18    (C) THE DEGREE TO WHICH THE OPINION IS SUPPORTED BY CONCRETE EVIDENCE,
   19  AND
   20    (D) THE PRACTITIONER'S SPECIALTY.
   21    S  2.  This  act shall take effect on the ninetieth day after it shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04842-01-5