Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to social services |
Feb 05, 2009 |
referred to social services |
Senate Bill S1705
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Social Services Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
2009-S1705 (ACTIVE) - Details
- Current Committee:
- Senate Social Services
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §332-b, Soc Serv L
2009-S1705 (ACTIVE) - Summary
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.
2009-S1705 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1705 TITLE OF BILL : An act to amend the social services law, in relation to establishing factors to be considered when a health care practitioner upon examination 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 practitioner when the diagnoses differ PURPOSE : To ensure that the opinions and determinations of a public assistance applicant's treating health care practitioner are given sufficient weight when making disability determinations. SUMMARY OF PROVISIONS : Section 1 amends subdivision 4 of section 332-b of the social services law, by adding a new paragraph (f), which provides that if a public assistance applicant is sent to a practitioner to determine if the applicant has any work limitations, the practitioner must take into account the applicant's treating health care practitioner's opinion, and give it sufficient weight based on a number of factors. EXISTING LAW : Currently it is within the evaluating practitioner's discretion what,
2009-S1705 (ACTIVE) - Bill Text download pdf
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: Section 1. Subdivision 4 of section 332-b of the social services law is amended by adding a new paragraph (f) to read as follows: (F) IN THE EVENT THE PRACTITIONER TO WHOM THE INDIVIDUAL IS REFERRED PURSUANT TO THIS SUBDIVISION OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S OPINION, THE APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S OPINION IS GENERALLY CONTROLLING, SUBJECT TO, BUT NOT LIMITED TO, THE FOLLOWING FACTORS: (I) THE LENGTH AND FREQUENCY OF THE TREATMENT PROVIDED, (II) CONSISTENCY OF THE OPINION WITH THE RECORD AS A WHOLE, (III) THE DEGREE TO WHICH THE OPINION IS SUPPORTED BY CONCRETE EVIDENCE, AND (IV) THE PRACTITIONER'S SPECIALTY. FURTHERMORE, IF THE PRACTITIONER TO WHOM THE INDIVIDUAL IS REFERRED PURSUANT TO THIS SUBDIVISION OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE PRACTITIONER, THE PRACTITIONER MUST PROVIDE AN EXPLICIT WRITTEN DETERMINATION AS TO WHY THE PRACTITIONER DISAGREES WITH THE APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S DISABILITY DETERMINATION AND PRESENT EVIDENCE THAT SUPPORTS THE OPINION. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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