S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9678

                          I N  A S S E M B L Y

                              May 15, 2014
                               ___________

Introduced  by  M.  of  A. BROOK-KRASNY -- read once and referred to the
  Committee on Health

AN ACT to amend the social services law, in relation to making care  and
  services  provided  by  licensed mental health counselors eligible for
  coverage under the Medicaid program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative intent. Whereas Medicaid covers mental health
services in New York state to psychiatrists,  psychologists  and  social
workers,  Medicaid  does  not  recognize  New York state licensed mental
health counselors as  providers  within  the  Medicaid  program.  Mental
health  counselors  are  often the only mental health providers in urban
underserved minority communities. A critical  result  of  this  lack  of
providers is that minority communities bear a disproportionate number of
burdens  of  mental  health disabilities and inadequately treated mental
health disorders. Excluding mental health counselors from treating Medi-
caid beneficiaries with untreated mental illness puts such beneficiaries
disproportionately at risk for  engagement  with  the  criminal  justice
system. This puts individuals, families and communities at risk of harm.
Approximately  26  percent of adults experience a diagnosable behavioral
health disorder each year, and researchers have reported 20  percent  of
adolescents display psychological problems. Behavioral health disorders,
ranging from inattention to violence are often a result of those psycho-
logical problems.
  Mental  health counselors represent over 40 percent of licensed mental
health practitioners in New York state. Unfortunately Medicaid does  not
recognize their important contribution to the present health care deliv-
ery system.
  S  2.  Subdivision  2  of  section 365-a of the social services law is
amended by adding a new paragraph (cc) to read as follows:
  (CC) CARE AND SERVICES PROVIDED BY MENTAL HEALTH  COUNSELORS  LICENSED
PURSUANT  TO  SECTION  EIGHTY-FOUR  HUNDRED  TWO  OF  THE EDUCATION LAW,
INCLUDING SUCH CARE AND SERVICES PROVIDED IN A HOSPITAL  OUT-PATIENT  OR
CLINIC FACILITY REFERRED TO IN PARAGRAPH (C) OF THIS SUBDIVISION.
  S 3. This act shall take effect on the ninety-first day after it shall
have become a law.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14830-01-4