Assembly Bill A3149

Vetoed By Governor
2021-2022 Legislative Session

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

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Archive: Last Bill Status - 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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2021-A3149 (ACTIVE) - Details

See Senate Version of this Bill:
S7109
Law Section:
Social Services Law
Laws Affected:
Amd §332-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1417
2011-2012: A2957
2013-2014: A2960
2015-2016: A3450
2017-2018: A3045
2019-2020: A4236, A8994, S7207

2021-A3149 (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.

2021-A3149 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3149
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. HEVESI, GLICK, BARRON, COLTON, EPSTEIN, BUTTENS-
   CHON, OTIS, SANTABARBARA, SEAWRIGHT, REYES, GOTTFRIED  --  Multi-Spon-
   sored  by  -- M. of A. COOK -- read once and referred to the Committee
   on Economic Development
 
 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.
                                                            LBD01678-01-1

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