NY State Senate Bill 2017-S877A

Senate Bill S877A

2017-2018 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
Jan 26, 2018	print number 877a
Jan 26, 2018	amend and recommit to health
Jan 03, 2018	referred to health
Mar 01, 2017	reported and committed to finance
Jan 05, 2017	referred to health

Votes

- Mar 1, 2017 - Health Committee Vote
  S877A
  
  16
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 1, 2017
      
      aye (16)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky
      
      aye wr (1)
      
      Montgomery

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S877 - Details

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:: 2015-2016: S5486
2019-2020: S3963
2021-2022: S1573

2017-S877 - Summary

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

2017-S877 - Sponsor Memo

                                 BILL NUMBER:  S877

 TITLE OF BILL :

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

 PURPOSE :

To assure that behavioral health providers are permitted to select by
execution of separate agreements the products that the provider will
participate in with health care plans and health insurers.

 SUMMARY OF PROVISIONS :

Section one of the bill would amend Social Services law § 365-m to
require Medicaid managed care plans to execute separate contracts with
behavioral healthcare providers to provide coverage to Medicaid
enrollees rather than rely upon previously-executed contracts.

Sections two through five make corresponding changes to Public Health
Law § 2511 for child health plus plans and Public Health Law § 4406-c
and Insurance Law SS 3217-b and 4325, respectively for other health
care plans and health insurers.

Section six provides that this act shall take effect immediately.

 JUSTIFICATION :

Beginning in the summer of 2015, mental health and substance abuse
clients and the providers who serve them will be moving out of
Medicaid fee-for-service and into a managed care environment.
Providers will be paid by managed care organizations (MCOs) for
Medicaid clients pursuant to rates and terms defined in contracts with
MCOs.

Health insurance plans often include an All Products clause (APC) in
their contracts with providers. The APC requires the provider to take
all current and future product lines brought to them by the plans. If
the provider does not agree to take all products - including those
that do not include fair terms or adequately reimburse for their cost
of services, then the provider cannot participate in the network for
any of the insurance product lines. This would apply to products that
serve Medicaid beneficiaries as well as patients enrolled in
commercial, the Health Insurance Exchange and employer plans. The
result could be a very serious access to care crisis in the public
mental health and substance abuse services system - the front line
providers for people with serious mental illness and those struggling
with very serious substance abuse, opioid, heroin and other
addictions.

A State Office of Mental Health study conducted in 2012 revealed that
approximately 40% of these providers are in significant financial
distress. This is due in part to the fact that in the behavioral
health system, commercial rates are paid at between 1/4 and 1/3 the
rate currently paid for Medicaid fee for service. When this population
is moved in managed care and all rates are able to be set by the plans
at these disparately low levels through the use of APCs, providers
would be in the untenable position of either discontinuing existing
relationships with clients or accepting rates that are well below
their costs for providing services.

The All Products clause disrupts existing relationships between
clinicians and clients, and threatens continued access to care in a
service system already overloaded with long waiting lists, workforce
shortages and abysmal commercial rates. Seven states across the
country have already banned the use of the APC in contracts between
MCOs and certain providers. Attorneys General across the country as,
well as court decisions have prohibited plans from using the APC in
contracts in instances where doing so has been deemed an unfair
business practice to gain market share and deny competition that would
otherwise occur.

This legislation would take a similar action by prohibiting the use of
the All Products clause in contracts between behavioral health
providers and MCOs and other health insurance plans This is essential
to assure continued access to care and continuity of care for our most
vulnerable citizens who utilize the public mental health and substance
abuse system. Doing so is also critical to ensuring a smooth
transition of behavioral health clients into Medicaid managed care by
giving the providers an opportunity to negotiate reasonable contracts
with the plans for the clients they serve.

 LEGISLATIVE HISTORY :

S. 54846A/a. 7846A; Passed Assembly, Referenced to Finance from Health
Committee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately

2017-S877 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    877
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  ORTT,  AMEDORE,  MURPHY -- read twice and ordered
   printed, and when printed to be committed 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.  (A)  NO  MANAGED  CARE PROVIDER UNDER SECTION THREE HUNDRED SIXTY-
 FOUR-J OF THIS TITLE SHALL BY CONTRACT OR WRITTEN POLICY  OR  PROCEDURE,
 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.
   §  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-
 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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01657-01-7

 S. 877                              2

   (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.
   § 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.
   §  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.
   §  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
 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.
   § 6. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S877A (ACTIVE) - Details

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:: 2015-2016: S5486
2019-2020: S3963
2021-2022: S1573

2017-S877A (ACTIVE) - Summary

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

2017-S877A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S877A

SPONSOR: ORTT
 
TITLE OF BILL:

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

 
PURPOSE:

To assure that behavioral health providers are permitted to select by
execution of separate agreements the products that the provider will
participate in with health care plans and health insurers.

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend Social Services law § 365-m to
require Medicaid managed care plans to execute separate contracts with
behavioral healthcare providers to provide coverage to Medicaid enrol-

lees rather than rely upon previously-executed contracts.

Sections two through five make corresponding changes to Public Health
Law § 2511 for child health plus plans and Public Health Law § 4406-c
and Insurance Law SS 3217-b and 4325, respectively for other health care
plans and health insurers.

Section six provides that this act shall take effect immediately.

 
JUSTIFICATION:

Beginning in the summer of 2015, mental health and substance abuse
clients and the providers who serve them will be moving out of Medicaid
fee-for-service and into a managed care environment.  Providers will be
paid by managed care organizations (MCOs) for Medicaid clients pursuant
to rates and terms defined in contracts with MCOs.

Health insurance plans often include an All Products clause (APC) in
their contracts with providers. The APC requires the provider to take
all current and future product lines brought to them by the plans. If
the provider does not agree to take all products - including those that
do not include fair terms or adequately reimburse for their cost of
services, then the provider cannot participate in the network for any of
the insurance product lines. This would apply to products that serve
Medicaid beneficiaries as well as patients enrolled in commercial, the
Health Insurance Exchange and employer plans. The result could be a very
serious access to care crisis in the public mental health and substance
abuse services system - the front line providers for people with serious
mental illness and those struggling with very serious substance abuse,
opioid, heroin and other addictions.

A State Office of Mental Health study conducted in 2012 revealed that
approximately 40% of these providers are in significant financial
distress. This is due in part to the fact that in the behavioral health
system, commercial rates are paid at between 1/4 and 1/3 the rate
currently paid for Medicaid fee for service. When this population is
moved in managed care and all rates are able to be set by the plans at
these disparately low levels through the use of APCs, providers would be
in the untenable position of either discontinuing existing relationships
with clients or accepting rates that are well below their costs for
providing services.

The All Products clause disrupts existing relationships between clini-
cians and clients, and threatens continued access to care in a service
system already overloaded with long waiting lists, workforce shortages
and abysmal commercial rates. Seven states across the country have
already banned the use of the APC in contracts between MCOs and certain
providers. Attorneys General across the country as, well as court deci-
sions have prohibited plans from using the APC in contracts in instances
where doing so has been deemed an unfair business practice to gain
market share and deny competition that would otherwise occur.

This legislation would take a similar action by prohibiting the use of
the All Products clause in contracts between behavioral health providers
and MCOs and other health insurance plans This is essential to assure
continued access to care and continuity of care for our most vulnerable
citizens who utilize the public mental health and substance abuse
system. Doing so is also critical to ensuring a smooth transition of
behavioral health clients into Medicaid managed care by giving the
providers an opportunity to negotiate reasonable contracts with the
plans for the clients they serve.

 
LEGISLATIVE HISTORY:

S. 54846A/a. 7846A; Passed Assembly, Referenced to Finance from Health
Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2017-S877A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  877--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by Sens. ORTT, AMEDORE, BONACIC, GALLIVAN, HANNON, MURPHY --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on Health -- recommitted to the Committee on Health in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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  PROCEDURE,
 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.
   §  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.

                                                            LBD01657-02-8

 S. 877--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.
   § 3. Section 4406-c of the public health law is amended  by  adding  a
 new subdivision 10 to read as follows:
   10. (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.
   § 4. Section 3217-b of the insurance law is amended by  adding  a  new
 subsection (l) to read as follows:
   (L)  (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.
   § 5. Section 4325 of the insurance law is  amended  by  adding  a  new
 subsection (m) to read as follows:
   (M)  (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. 877--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.
   § 6. This act shall take effect immediately.

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Senate Bill S877A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2017-S877 - Details

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