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

  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:

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

                                                           LBD10990-03-5

S. 5486--A                          2

  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-
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.

S. 5486--A                          3

  (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 6. This act shall take effect immediately.