S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1316
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred 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.
                                                            LBD01459-01-1

 A. 1316                             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 11 to read as follows:
   11. (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 (m) to read as follows:
   (M)  (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 (n) to read as follows:
   (N)  (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.