Bill Text: NY S05486 | 2015-2016 | General Assembly | Amended

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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: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-22 - REPORTED AND COMMITTED TO FINANCE [S05486 Detail]

Download: New_York-2015-S05486-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5486--A
           Cal. No. 1284
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2015
                                      ___________
       Introduced  by Sens. ORTT, AMEDORE, FELDER, HANNON, MURPHY -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Health -- reported favorably from said committee, ordered to  first
         and  second report, amended on second report, ordered to a third read-
         ing, and to be reprinted as amended, retaining its place in the  order
         of third reading
       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
    4  SIXTY-FOUR-J OF THIS TITLE SHALL BY CONTRACT OR WRITTEN POLICY OR PROCE-
    5  DURE,  REQUIRE  A  BEHAVIORAL HEALTH SERVICES PROVIDER TO PARTICIPATE IN
    6  THE IN-NETWORK PORTION OF ANY  PRODUCT  OFFERED  BY  SUCH  MANAGED  CARE
    7  PROVIDER,  OTHER  THAN  PRODUCTS  UNDER  SUCH SECTION. BEHAVIORAL HEALTH
    8  SERVICES PROVIDERS SHALL HAVE THE RIGHT TO  SELECT  BY  EXECUTION  OF  A
    9  SEPARATE  AGREEMENT  THE PRODUCTS OF SUCH MANAGED CARE PROVIDER IN WHICH
   10  THE 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    S 2. Section 2511 of the public health law is amended by adding a  new
   19  subdivision 22 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10990-03-5
       S. 5486--A                          2
    1    22.  (A)  NO APPROVED ORGANIZATION SHALL BY CONTRACT OR WRITTEN POLICY
    2  OR PROCEDURE, REQUIRE A BEHAVIORAL HEALTH SERVICES PROVIDER  TO  PARTIC-
    3  IPATE IN THE IN-NETWORK PORTION OF ANY PRODUCT OFFERED BY SUCH ORGANIZA-
    4  TION,  OTHER THAN PRODUCTS UNDER THIS TITLE.  BEHAVIORAL HEALTH SERVICES
    5  PROVIDERS  SHALL  HAVE  THE  RIGHT  TO SELECT BY EXECUTION OF A SEPARATE
    6  AGREEMENT THE PRODUCTS  OF  SUCH  APPROVED  ORGANIZATION  IN  WHICH  THE
    7  PROVIDER AGREES TO PARTICIPATE IN THE IN-NETWORK PORTION.
    8    (B)  AS  USED  IN THIS SUBDIVISION, "BEHAVIORAL HEALTH SERVICES" MEANS
    9  INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
   10  LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
   11  THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH
   12  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
   13  THIS  CHAPTER,  OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE MENTAL
   14  HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   15    S 3. Section 4406-c of the public health law is amended  by  adding  a
   16  new subdivision 9 to read as follows:
   17    9.  (A) NO HEALTH CARE PLAN LICENSED PURSUANT TO THIS ARTICLE SHALL BY
   18  CONTRACT OR WRITTEN POLICY OR PROCEDURE,  REQUIRE  A  BEHAVIORAL  HEALTH
   19  SERVICES  PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY PROD-
   20  UCT OFFERED BY SUCH PLAN. BEHAVIORAL  HEALTH  SERVICES  PROVIDERS  SHALL
   21  HAVE  THE  RIGHT  TO  SELECT  BY  EXECUTION  OF A SEPARATE AGREEMENT THE
   22  PRODUCTS OF SUCH PLAN IN WHICH THE PROVIDER AGREES TO PARTICIPATE IN THE
   23  IN-NETWORK PORTION.
   24    (B) AS USED IN THIS SUBDIVISION, "BEHAVIORAL  HEALTH  SERVICES"  MEANS
   25  INPATIENT  AND  OUTPATIENT  BEHAVIORAL HEALTH SERVICES PROVIDED BY THOSE
   26  LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-ONE  OR  THIRTY-TWO  OF
   27  THE  MENTAL  HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT TO BOTH
   28  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
   29  THIS CHAPTER, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF  THE  MENTAL
   30  HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   31    S  4.  Section  3217-b of the insurance law is amended by adding a new
   32  subsection (k) to read as follows:
   33    (K) (1) NO INSURER SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL  BY
   34  CONTRACT,  WRITTEN  POLICY  OR  PROCEDURE,  REQUIRE  A BEHAVIORAL HEALTH
   35  SERVICES PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY  PROD-
   36  UCT  OFFERED BY SUCH INSURER. BEHAVIORAL HEALTH SERVICES PROVIDERS SHALL
   37  HAVE THE RIGHT TO SELECT  BY  EXECUTION  OF  A  SEPARATE  AGREEMENT  THE
   38  PRODUCTS OF SUCH INSURERS IN WHICH THE PROVIDER AGREES TO PARTICIPATE IN
   39  THE IN-NETWORK PORTION.
   40    (2)  AS  USED  IN  THIS SUBSECTION, "BEHAVIORAL HEALTH SERVICES" MEANS
   41  INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
   42  LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
   43  THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH
   44  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
   45  THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
   46  MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
   47    S  5.  Section  4325  of  the insurance law is amended by adding a new
   48  subsection (l) to read as follows:
   49    (L) (1) NO CORPORATION ORGANIZED PURSUANT TO  THIS  ARTICLE  SHALL  BY
   50  CONTRACT,  WRITTEN  POLICY  OR  PROCEDURE,  REQUIRE  A BEHAVIORAL HEALTH
   51  SERVICES PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY  PROD-
   52  UCT  OFFERED  BY  SUCH CORPORATION. BEHAVIORAL HEALTH SERVICES PROVIDERS
   53  SHALL HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPARATE AGREEMENT  THE
   54  PRODUCTS OF SUCH CORPORATION IN WHICH THE PROVIDER AGREES TO PARTICIPATE
   55  IN THE IN-NETWORK PORTION.
       S. 5486--A                          3
    1    (2)  AS  USED  IN  THIS SUBSECTION, "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  THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
    7  MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
    8    S 6. This act shall take effect immediately.