Assembly Bill A4236

Vetoed By Governor
2019-2020 Legislative Session

Provides factors and requirements to be considered and followed when health care practitioner's diagnosis differs from treating health care practitioner as to disability

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S4641 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2019-A4236 (ACTIVE) - Details

See Senate Version of this Bill:
S4641
Law Section:
Social Services Law
Laws Affected:
Amd §332-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1417, S5547
2011-2012: A2957, S1326
2013-2014: A2960, S428
2015-2016: A3450, S1840
2017-2018: A3045, S4195
2021-2022: A3149

2019-A4236 (ACTIVE) - Summary

Establishes factors and requirements to be considered when a health care practitioner's opinion differs from that of an applicant's treating health care practitioner's opinion as to an applicant's disability.

2019-A4236 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4236
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by M. of A. HEVESI, GLICK, JAFFEE, BARRON, COLTON, MOSLEY --
   Multi-Sponsored by -- M. of A. COOK -- read once and referred  to  the
   Committee on Social Services
 
 AN  ACT  to  amend  the social services law, in relation to establishing
   factors to be considered when a health care practitioner   upon  exam-
   ination  has  a  different opinion from an applicant's treating health
   care practitioner's opinion as to an applicant's disability
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  332-b  of  the social services law is amended by
 adding a new subdivision 4-b to read as follows:
   4-B. IN THE EVENT THE PRACTITIONER TO WHOM THE INDIVIDUAL IS  REFERRED
 PURSUANT TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
 SECTION  ISSUES  AN  OPINION  THAT DIFFERS FROM THE APPLICANT'S TREATING
 HEALTH CARE PRACTITIONER'S OPINION, THE APPLICANT'S TREATING HEALTH CARE
 PRACTITIONER'S OPINION IS GENERALLY CONTROLLING,  SUBJECT  TO,  BUT  NOT
 LIMITED TO, THE FOLLOWING FACTORS:
   (A) THE LENGTH AND FREQUENCY OF THE TREATMENT PROVIDED,
   (B) CONSISTENCY OF THE OPINION WITH THE RECORD AS A WHOLE,
   (C) THE DEGREE TO WHICH THE OPINION IS SUPPORTED BY CONCRETE EVIDENCE,
 AND
   (D) THE PRACTITIONER'S SPECIALTY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01067-01-9

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