Bill Text: NY S03963 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-02-22 - REFERRED TO HEALTH [S03963 Detail]

Download: New_York-2019-S03963-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3963
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 22, 2019
                                       ___________
        Introduced  by Sens. RIVERA, ORTT -- read twice and ordered printed, and
          when printed to be committed 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.  (a)  No  managed  care provider under section three hundred sixty-
     4  four-j of this title shall by contract or written policy  or  procedure,
     5  require  a  behavioral  health  services  provider to participate in the
     6  in-network portion of any product offered by such managed care provider,
     7  other than products  under  such  section.  Behavioral  health  services
     8  providers  shall  have  the  right  to select by execution of a separate
     9  agreement the products of  such  managed  care  provider  in  which  the
    10  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    §  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-
    23  tion, other than products under this title.  Behavioral health  services
    24  providers  shall  have  the  right  to select by execution of a separate
    25  agreement the products  of  such  approved  organization  in  which  the
    26  provider agrees to participate in the in-network portion.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00070-01-9

        S. 3963                             2
     1    (b)  As  used  in this subdivision, "behavioral health services" means
     2  inpatient and outpatient behavioral health services  provided  by  those
     3  licensed  or  certified  pursuant to article thirty-one or thirty-two of
     4  the mental hygiene law, or programs that are licensed pursuant  to  both
     5  article thirty-one of the mental hygiene law and article twenty-eight of
     6  this  chapter,  or certified under both article thirty-two of the mental
     7  hygiene law and article twenty-eight of this chapter.
     8    § 3. Section 4406-c of the public health law is amended  by  adding  a
     9  new subdivision 10 to read as follows:
    10    10. (a) No health care plan licensed pursuant to this article shall by
    11  contract  or  written  policy  or procedure, require a behavioral health
    12  services provider to participate in the in-network portion of any  prod-
    13  uct  offered  by  such  plan. Behavioral health services providers shall
    14  have the right to select  by  execution  of  a  separate  agreement  the
    15  products of such plan in which the provider agrees to participate in the
    16  in-network portion.
    17    (b)  As  used  in this subdivision, "behavioral health services" means
    18  inpatient and outpatient behavioral health services  provided  by  those
    19  licensed  or  certified  pursuant to article thirty-one or thirty-two of
    20  the mental hygiene law, or programs that are licensed pursuant  to  both
    21  article thirty-one of the mental hygiene law and article twenty-eight of
    22  this  chapter,  or certified under both article thirty-two of the mental
    23  hygiene law and article twenty-eight of this chapter.
    24    § 4. Section 3217-b of the insurance law is amended by  adding  a  new
    25  subsection (l) to read as follows:
    26    (l)  (1) No insurer subject to the provisions of this article shall by
    27  contract, written policy  or  procedure,  require  a  behavioral  health
    28  services  provider to participate in the in-network portion of any prod-
    29  uct offered by such insurer. Behavioral health services providers  shall
    30  have  the  right  to  select  by  execution  of a separate agreement the
    31  products of such insurers in which the provider agrees to participate in
    32  the in-network portion.
    33    (2) As used in this subsection,  "behavioral  health  services"  means
    34  inpatient  and  outpatient  behavioral health services provided by those
    35  licensed or certified pursuant to article thirty-one  or  thirty-two  of
    36  the  mental  hygiene law, or programs that are licensed pursuant to both
    37  article thirty-one of the mental hygiene law and article twenty-eight of
    38  the public health law, or certified under both article thirty-two of the
    39  mental hygiene law and article twenty-eight of the public health law.
    40    § 5. Section 4325 of the insurance law is  amended  by  adding  a  new
    41  subsection (m) to read as follows:
    42    (m)  (1)  No  corporation  organized pursuant to this article shall by
    43  contract, written policy  or  procedure,  require  a  behavioral  health
    44  services  provider to participate in the in-network portion of any prod-
    45  uct offered by such corporation. Behavioral  health  services  providers
    46  shall  have the right to select by execution of a separate agreement the
    47  products of such corporation in which the provider agrees to participate
    48  in the in-network portion.
    49    (2) As used in this subsection,  "behavioral  health  services"  means
    50  inpatient  and  outpatient  behavioral health services provided by those
    51  licensed or certified pursuant to article thirty-one  or  thirty-two  of
    52  the  mental  hygiene law, or programs that are licensed pursuant to both
    53  article thirty-one of the mental hygiene law and article twenty-eight of
    54  the public health law, or certified under both article thirty-two of the
    55  mental hygiene law and article twenty-eight of the public health law.
    56    § 6. This act shall take effect immediately.
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