NY State Assembly Bill 2015-A7846A

Assembly Bill A7846A

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2016	referred to health delivered to senate passed assembly
Jan 06, 2016	ordered to third reading cal.320 returned to assembly died in senate
Jun 19, 2015	referred to rules delivered to senate passed assembly ordered to third reading rules cal.720 rules report cal.720 reported
Jun 18, 2015	reported referred to rules
Jun 09, 2015	reported referred to ways and means
Jun 05, 2015	print number 7846a
Jun 05, 2015	amend and recommit to health
May 28, 2015	referred to health

Bill Amendments

Original

A (Active)

2015-A7846 - Details

See Senate Version of this Bill:: S5486
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-m, Soc Serv L; amd §§2511 & 4406-c, Pub Health L; amd §§3217-b & 4325, Ins L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A23, S877
2019-2020: A252, S3963
2021-2022: A1316, S1573

2015-A7846 - Summary

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

2015-A7846 - Bill Text download pdf

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

                                  7846

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced by M. of A. CAHILL -- read once and referred 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:

  Section  1.  Section  365-m  of  the social services law is amended by
adding a new subdivision 6 to read as follows:
  6. NO MANAGED CARE PROVIDER SUBJECT TO THE PROVISIONS OF SECTION THREE
HUNDRED SIXTY-FOUR-J OF THIS TITLE SHALL BY CONTRACT OR  WRITTEN  POLICY
OR   PROCEDURE,   REQUIRE   PROVIDERS   LICENSED   PURSUANT  TO  ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR PURSUANT TO ARTICLE THIRTY-ONE
OR THIRTY-TWO OF THE MENTAL  HYGIENE  LAW  PROVIDING  BEHAVIORAL  HEALTH
SERVICES  TO  PARTICIPATE  IN  ALL PRODUCTS OFFERED BY SUCH MANAGED CARE
PROVIDER. PROVIDERS LICENSED PURSUANT TO  ARTICLE  TWENTY-EIGHT  OF  THE
PUBLIC  HEALTH  LAW,  OR PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW PROVIDING BEHAVIORAL HEALTH SERVICES  SHALL  HAVE
THE  RIGHT  TO  SELECT BY EXECUTION OF A SEPARATE AGREEMENT THE PRODUCTS
THAT THE PROVIDER AGREES TO PARTICIPATE IN  THE  IN-NETWORK  PORTION  OF
SUCH MANAGED CARE PROVIDER.
  S  2. Section 2511 of the public health law is amended by adding a new
subdivision 22 to read as follows:
  22. NO APPROVED ORGANIZATION SHALL BY CONTRACT OR  WRITTEN  POLICY  OR
PROCEDURE,  REQUIRE  PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT
OF THIS CHAPTER, OR PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF  THE
MENTAL  HYGIENE  LAW PROVIDING BEHAVIORAL HEALTH SERVICES TO PARTICIPATE
IN ALL PRODUCTS OFFERED BY SUCH ORGANIZATION. PROVIDERS LICENSED  PURSU-
ANT  TO  ARTICLE  TWENTY-EIGHT  OF  THIS CHAPTER, OR PURSUANT TO ARTICLE
THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW PROVIDING  BEHAVIORAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10990-01-5

A. 7846                             2

HEALTH  SERVICES  SHALL HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPA-
RATE AGREEMENT THE PRODUCTS THAT THE PROVIDER AGREES TO  PARTICIPATE  IN
THE IN-NETWORK PORTION OF SUCH ORGANIZATION.
  S  3.  Section  4406-c of the public health law is amended by adding a
new subdivision 9 to read as follows:
  9. NO HEALTH CARE PLAN LICENSED PURSUANT  TO  THIS  ARTICLE  SHALL  BY
CONTRACT  OR  WRITTEN  POLICY  OR  PROCEDURE, REQUIRE PROVIDERS LICENSED
PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR PURSUANT TO ARTICLE
THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW PROVIDING  BEHAVIORAL
HEALTH  SERVICES  TO  PARTICIPATE  IN ALL PRODUCTS OFFERED BY SUCH PLAN.
PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER,  OR
PURSUANT  TO  ARTICLE THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW
PROVIDING BEHAVIORAL HEALTH SERVICES SHALL HAVE THE RIGHT TO  SELECT  BY
EXECUTION  OF A SEPARATE AGREEMENT THE PRODUCTS THAT THE PROVIDER AGREES
TO PARTICIPATE IN THE IN-NETWORK PORTION OF SUCH PLAN.
  S 4. Section 3217-b of the insurance law is amended by  adding  a  new
subsection (k) to read as follows:
  (K)  NO  INSURER  SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BY
CONTRACT, WRITTEN POLICY OR PROCEDURE, REQUIRE PROVIDERS LICENSED PURSU-
ANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH  LAW,  OR  PURSUANT  TO
ARTICLE  THIRTY-ONE  OR  THIRTY-TWO  OF THE MENTAL HYGIENE LAW PROVIDING
BEHAVIORAL HEALTH SERVICES TO PARTICIPATE IN  ALL  PRODUCTS  OFFERED  BY
SUCH INSURER. PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC  HEALTH  LAW,  OR PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW PROVIDING BEHAVIORAL HEALTH SERVICES  SHALL  HAVE
THE  RIGHT  TO  SELECT BY EXECUTION OF A SEPARATE AGREEMENT THE PRODUCTS
THAT THE PROVIDER AGREES TO PARTICIPATE IN  THE  IN-NETWORK  PORTION  OF
SUCH INSURER.
  S  5.  Section  4325  of  the insurance law is amended by adding a new
subsection (l) to read as follows:
  (L) NO  CORPORATION  ORGANIZED  PURSUANT  TO  THIS  ARTICLE  SHALL  BY
CONTRACT, WRITTEN POLICY OR PROCEDURE, REQUIRE PROVIDERS LICENSED PURSU-
ANT  TO  ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW, OR PURSUANT TO
ARTICLE THIRTY-ONE OR THIRTY-TWO OF THE  MENTAL  HYGIENE  LAW  PROVIDING
BEHAVIORAL  HEALTH  SERVICES  TO  PARTICIPATE IN ALL PRODUCTS OFFERED BY
SUCH CORPORATION. PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW, OR PURSUANT TO ARTICLE THIRTY-ONE  OR  THIRTY-TWO
OF  THE  MENTAL  HYGIENE  LAW PROVIDING BEHAVIORAL HEALTH SERVICES SHALL
HAVE THE RIGHT TO SELECT  BY  EXECUTION  OF  A  SEPARATE  AGREEMENT  THE
PRODUCTS  THAT  THE  PROVIDER  AGREES  TO  PARTICIPATE IN THE IN-NETWORK
PORTION OF SUCH CORPORATION.
  S 6. This act shall take effect immediately.

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2015-A7846A (ACTIVE) - Details

See Senate Version of this Bill:: S5486
Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-m, Soc Serv L; amd §§2511 & 4406-c, Pub Health L; amd §§3217-b & 4325, Ins L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A23, S877
2019-2020: A252, S3963
2021-2022: A1316, S1573

2015-A7846A (ACTIVE) - Summary

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

2015-A7846A (ACTIVE) - Bill Text download pdf

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

                                 7846--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on  Health -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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:

  Section 1. Section 365-m of the social  services  law  is  amended  by
adding a new subdivision 6 to read as follows:
  6.   (A)   NO  MANAGED  CARE  PROVIDER  UNDER  SECTION  THREE  HUNDRED
SIXTY-FOUR-J OF THIS TITLE SHALL BY CONTRACT OR WRITTEN POLICY OR PROCE-
DURE, REQUIRE A BEHAVIORAL HEALTH SERVICES PROVIDER  TO  PARTICIPATE  IN
THE  IN-NETWORK  PORTION  OF  ANY  PRODUCT  OFFERED BY SUCH MANAGED CARE
PROVIDER, OTHER THAN PRODUCTS  UNDER  SUCH  SECTION.  BEHAVIORAL  HEALTH
SERVICES  PROVIDERS  SHALL  HAVE  THE  RIGHT TO SELECT BY EXECUTION OF A
SEPARATE AGREEMENT THE PRODUCTS OF SUCH MANAGED CARE PROVIDER  IN  WHICH
THE PROVIDER AGREES TO PARTICIPATE IN THE IN-NETWORK PORTION.
  (B)  AS  USED  IN THIS SUBDIVISION, "BEHAVIORAL HEALTH SERVICES" MEANS
INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  S  2. Section 2511 of the public health law is amended by adding a new
subdivision 22 to read as follows:
  22. (A) NO APPROVED ORGANIZATION SHALL BY CONTRACT OR  WRITTEN  POLICY
OR  PROCEDURE,  REQUIRE A BEHAVIORAL HEALTH SERVICES PROVIDER TO PARTIC-
IPATE IN THE IN-NETWORK PORTION OF ANY PRODUCT OFFERED BY SUCH ORGANIZA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10990-02-5

A. 7846--A                          2

TION, OTHER THAN PRODUCTS UNDER THIS TITLE.  BEHAVIORAL HEALTH  SERVICES
PROVIDERS  SHALL  HAVE  THE  RIGHT  TO SELECT BY EXECUTION OF A SEPARATE
AGREEMENT THE PRODUCTS  OF  SUCH  APPROVED  ORGANIZATION  IN  WHICH  THE
PROVIDER AGREES TO PARTICIPATE IN THE IN-NETWORK PORTION.
  (B)  AS  USED  IN THIS SUBDIVISION, "BEHAVIORAL HEALTH SERVICES" MEANS
INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THIS  CHAPTER,  OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE MENTAL
HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
  S 3. Section 4406-c of the public health law is amended  by  adding  a
new subdivision 9 to read as follows:
  9.  (A) NO HEALTH CARE PLAN LICENSED PURSUANT TO THIS ARTICLE SHALL BY
CONTRACT OR WRITTEN POLICY OR PROCEDURE,  REQUIRE  A  BEHAVIORAL  HEALTH
SERVICES  PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY PROD-
UCT OFFERED BY SUCH PLAN. BEHAVIORAL  HEALTH  SERVICES  PROVIDERS  SHALL
HAVE  THE  RIGHT  TO  SELECT  BY  EXECUTION  OF A SEPARATE AGREEMENT THE
PRODUCTS OF SUCH PLAN IN WHICH THE PROVIDER AGREES TO PARTICIPATE IN THE
IN-NETWORK PORTION.
  (B) AS USED IN THIS SUBDIVISION, "BEHAVIORAL  HEALTH  SERVICES"  MEANS
INPATIENT  AND  OUTPATIENT  BEHAVIORAL HEALTH SERVICES PROVIDED BY THOSE
LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-ONE  OR  THIRTY-TWO  OF
THE  MENTAL  HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT TO BOTH
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THIS CHAPTER, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF  THE  MENTAL
HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
  S  4.  Section  3217-b of the insurance law is amended by adding a new
subsection (k) to read as follows:
  (K) (1) NO INSURER SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL  BY
CONTRACT,  WRITTEN  POLICY  OR  PROCEDURE,  REQUIRE  A BEHAVIORAL HEALTH
SERVICES PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY  PROD-
UCT  OFFERED BY SUCH INSURER. BEHAVIORAL HEALTH SERVICES PROVIDERS SHALL
HAVE THE RIGHT TO SELECT  BY  EXECUTION  OF  A  SEPARATE  AGREEMENT  THE
PRODUCTS OF SUCH INSURERS IN WHICH THE PROVIDER AGREES TO PARTICIPATE IN
THE IN-NETWORK PORTION.
  (2)  AS  USED  IN  THIS SUBSECTION, "BEHAVIORAL HEALTH SERVICES" MEANS
INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  S  5.  Section  4325  of  the insurance law is amended by adding a new
subsection (l) to read as follows:
  (L) (1) NO CORPORATION ORGANIZED PURSUANT TO  THIS  ARTICLE  SHALL  BY
CONTRACT,  WRITTEN  POLICY  OR  PROCEDURE,  REQUIRE  A BEHAVIORAL HEALTH
SERVICES PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY  PROD-
UCT  OFFERED  BY  SUCH CORPORATION. BEHAVIORAL HEALTH SERVICES PROVIDERS
SHALL HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPARATE AGREEMENT  THE
PRODUCTS OF SUCH CORPORATION IN WHICH THE PROVIDER AGREES TO PARTICIPATE
IN THE IN-NETWORK PORTION.
  (2)  AS  USED  IN  THIS SUBSECTION, "BEHAVIORAL HEALTH SERVICES" MEANS
INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES  PROVIDED  BY  THOSE
LICENSED  OR  CERTIFIED  PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT  TO  BOTH

A. 7846--A                          3

ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  S 6. This act shall take effect immediately.

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