S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2163
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance  law,  in  relation  to  health  insurance
   coverage of outpatient care provided by a mental health practitioner
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Item (ii) of subparagraph (A) of paragraph 5 of  subsection
 (l)  of  section 3221 of the insurance law, as amended by chapter 502 of
 the laws of 2007, is amended to read as follows:
   (ii) where the policy provides coverage  for  physician  services,  it
 shall include benefits for outpatient care provided by a psychiatrist or
 psychologist  licensed  to  practice  in this state,  OR A MENTAL HEALTH
 COUNSELOR, MARRIAGE AND FAMILY THERAPIST,  CREATIVE  ARTS  THERAPIST  OR
 PSYCHOANALYST  LICENSED  PURSUANT  TO ARTICLE ONE HUNDRED SIXTY-THREE OF
 THE EDUCATION LAW, OR a licensed clinical social worker  who  meets  the
 requirements  of  subparagraph (D) of paragraph four of this subsection,
 or a professional corporation or university faculty practice corporation
 thereof. Such benefits may be limited to not less than twenty visits  in
 any contract year, plan year, or calendar year.  NOTHING HEREIN SHALL BE
 CONSTRUED  TO  MODIFY OR EXPAND THE SCOPE OF PRACTICE OF A MENTAL HEALTH
 COUNSELOR, MARRIAGE AND FAMILY THERAPIST,  CREATIVE  ARTS  THERAPIST  OR
 PSYCHOANALYST  LICENSED  PURSUANT  TO ARTICLE ONE HUNDRED SIXTY-THREE OF
 THE EDUCATION LAW.
   § 2. Paragraph 1 of subsection (h) of section 4303  of  the  insurance
 law,  as  amended by chapter 502 of the laws of 2007, is amended to read
 as follows:
   (1) A medical expense indemnity corporation or a health service corpo-
 ration, which provides group, group remittance or school blanket  cover-
 age for physician services, shall provide as part of its contract broad-
 based  coverage  for  the  diagnosis and treatment of mental, nervous or
 emotional disorders or ailments, however defined in  such  contract,  at
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07860-01-7

 A. 2163                             2
 
 least  equal  to  the  coverage provided for other health conditions and
 shall include: benefits for outpatient care provided by  a  psychiatrist
 or  psychologist  licensed to practice in this state, OR A MENTAL HEALTH
 COUNSELOR,  MARRIAGE  AND  FAMILY  THERAPIST, CREATIVE ARTS THERAPIST OR
 PSYCHOANALYST LICENSED PURSUANT TO ARTICLE ONE  HUNDRED  SIXTY-THREE  OF
 THE  EDUCATION  LAW,  OR a licensed clinical social worker who meets the
 requirements of subsection (n) of this section, or a professional corpo-
 ration or university faculty practice corporation thereof,  which  bene-
 fits may be limited to not less than twenty visits in any contract year,
 plan  year or calendar year. Such coverage may be provided on a contract
 year, plan year or calendar year basis and shall be consistent with  the
 provision  of  other  benefits  under the contract. Such coverage may be
 subject to annual deductibles, co-pays and coinsurance as may be  deemed
 appropriate  by  the  superintendent  and shall be consistent with those
 imposed on other benefits under the contract. In  the  event  the  group
 remittance  group or contract holder is provided coverage provided under
 this paragraph and under subparagraph (B) of paragraph one of subsection
 (g) of this section from the same health service corporation, or under a
 contract which is jointly underwritten  by  two  health  service  corpo-
 rations  or by a health service corporation and a medical expense indem-
 nity corporation, the aggregate of the  benefits  for  out-patient  care
 obtained  under  subparagraph  (B) of paragraph one of subsection (g) of
 this section and this paragraph may be limited to not less  than  twenty
 visits in any contract year, plan year or calendar year.  NOTHING HEREIN
 SHALL BE CONSTRUED TO MODIFY OR EXPAND THE SCOPE OF PRACTICE OF A MENTAL
 HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, CREATIVE ARTS THERAPIST
 OR PSYCHOANALYST LICENSED PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE OF
 THE EDUCATION LAW.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 policies  and contracts issued, renewed, modified, altered or amended on
 or after such effective date.