NY State Senate Bill 2019-S886

Senate Bill S886

2019-2020 Legislative Session

Requires blanket health insurance policies to provide coverage for outpatient treatment by mental health practitioners

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Archive: Last Bill Status - In Senate Committee Insurance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2019	referred to insurance

co-Sponsors

2019-S886 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4756
2013-2014: S2708
2015-2016: S2065
2017-2018: S3952

2019-S886 (ACTIVE) - Summary

Requires blanket health insurance policies to provide coverage for outpatient treatment by mental health practitioners (mental health counsellors, marriage and family therapists, creative arts therapists and psychoanalysts) licensed pursuant to article 163 of the education law.

2019-S886 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S886

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the insurance law, in relation to health insurance
coverage of outpatient care provided by a mental health practitioner

 
PURPOSE:

The purpose of this bill is to require blanket health insurance policies
to provide coverage for outpatient treatment by mental health practi-
tioners.

 
SUMMARY OF PROVISIONS:

Section 1 would amend item (ii) of subparagraph (A) of paragraph 5 of
subsection 1 of section 3221 of the insurance law to provide that a
group or accident and health insurance policy which provides coverage
for physician services must also provide coverage for outpatient care by
a mental health counselor, marriage and family therapist, creative arts

therapist or psychoanalyst licensed under article one hundred sixty-
three of the education law.

Section 2 would amend paragraph 1 of subsection (h) of section 4303 of
the insurance law to require that a medical expense indemnity corpo-
ration or health service corporation must provide coverage for outpa-
tient care by a mental health counselor, marriage and family therapist,
creative arts therapist or psychoanalyst licensed under article one
hundred sixty-three of the education law.

Section 3 states the enactment date.

 
EXISTING LAW:

Timothy's law currently requires an insurer to provide benefits for the
diagnosis and treatment of mental, nervous or emotional disorders
provided by a psychiatrist, psychologist or a licensed clinical social
worker.

 
JUSTIFICATION:

Current law does not explicitly include mental health practitioners as
allowable providers of outpatient mental health services, thereby allow-
ing insurers to deny coverage for the valuable services these practi-
tioners can provide.

Mental health practitioners licensed by the New York State Department of
Education face strict requirements for licensure, including the require-
ment that they obtain a Master's degree or higher in a mental health
course of study. These requirements ensure that such practitioner is
fully capable of providing mental health therapy.

This bill would require insurers to reimburse mental health practition-
ers, in addition to psychiatrists, psychologists or licensed clinical
social workers. This change will continue to serve the intent of
Timothy's Law by making needed mental health services available to more
patients. It will benefit rural areas especially, where a patient may
have limited access to a psychiatrist, psychologist or a licensed clin-
ical social worker. This amendment will ensure that a patient is not
denied mental health services because the currently enumerated providers
are located too far from the patients home, or the patient is unable to
afford the out of pocket expense of a mental health practitioner. In
addition, this bill would amplify patient choice by increasing the vari-
ety and number of reimbursable providers available to treat mental
health disorders.

 
LEGISLATIVE HISTORY:

2017,2018: S.3952/A.2163 Referred to Insurance
2015,2016:  S.2065A/A.6376-A Referred to Insurance
2013,2014: S.2708/A.978 Referred to Insurance
2011,2012: S.4756/A.9186 Referred to Insurance

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect the first of January next succeeding.

2019-S886 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    886
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens. YOUNG, ORTT -- read twice and ordered printed, and
   when printed to be committed to the Committee 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.

                                                            LBD04132-01-9

 S. 886                              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.

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Senate Bill S886

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Sponsored By

Catharine Young