NY State Senate Bill 2021-S5663

Senate Bill S5663

Signed By Governor

2021-2022 Legislative Session

Allows patients up to ten visits with an occupational therapist without a referral from a physician or nurse practitioner

download bill text pdf

Archive: Last Bill Status Via A3202 - Signed by Governor

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
Nov 21, 2022	signed chap.601 delivered to governor
May 24, 2022	returned to assembly passed senate 3rd reading cal.1240 substituted for s5663a
May 24, 2022	substituted by a3202c
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1240
Jan 05, 2022	referred to higher education
May 21, 2021	print number 5663a
May 21, 2021	amend (t) and recommit to higher education
Mar 15, 2021	referred to higher education

Votes

- May 24, 2022 - Floor Vote
  A3202
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brooks
      
      Sanders Jr.
  May 10, 2022 - Higher Education Committee Vote
  S5663
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 10, 2022
      
      aye (10)
      
      Boyle
      
      Cooney
      
      Gaughran
      
      Gounardes
      
      Griffo
      
      Jackson
      
      Oberacker
      
      Parker
      
      Rivera
      
      Stavisky
      
      aye wr (1)
      
      Liu

Bill Amendments

Original

A (Active)

2021-S5663 - Details

Law Section:: Education Law
Laws Affected:: Amd §7901, Ed L; amd §5102, Ins L

2021-S5663 - Summary

Allows patients to receive certain treatment by an occupational therapist without a referral from a physician or nurse practitioner; requires the occupational therapist to inform the patient of certain potential insurance issues; relates to eliminating the need for referrals for certain treatment under coverage provided by certain motor vehicle insurance policies.

2021-S5663 - Sponsor Memo

                                
 
BILL NUMBER: S5663

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the education law and the insurance law, in relation to
allowing patients up to twelve visits with an occupational therapist
without a referral from a physician, nurse practitioner or other health
care provider

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows occupational therapists to treat patients without a required
referral, providing the patient with a greater level of care and reduc-
ing costs for both the patients and insurance carriers. This legislation
would allow occupational therapists to see patients without referrals
just like physical therapists.

 
SUMMARY OF PROVISIONS:

Section 1: amends section 7901 of the education law to allow twelve

licensed occupational therapy visits without a referral by providers
that fit certain criteria. Additionally provided the definition of occu-
pational therapy.

Section 2: amends paragraph 1 of subsection (a) of section 5102 of the
insurance law Section 3: Sets out the effective date.

 
JUSTIFICATION:

Falls are the leading cause of injury-related deaths, hospitalizations
and emergency department visits among adults 65 and older, especially
those who have a disability. Falls can result in lasting, serious conse-
quences, affecting mobility, independence and mental health.  Providing
occupational therapy has proven to reduce hospital readmissions. Home
evaluations resulting in modifications proven to reduce falls - this is
what occupational therapists specialize in, along with ensuring the
modifications match the individual's functional performance. An inde-
pendent study published in Medical Care Research and Review conducted by
Johns Hopkins University found that "occupational therapy is the only
spending category where additional spending has a statistically signif-
icant association with lower readmission rates" for the three health
conditions studied:  heart failure, pneumonia, and acute myocardial
infarction. Physical therapists already have the ability to see patients
without referrals and this legislation would allow occupational thera-
pists the same ability. 37 states including NJ, OH, MA, ME, CT, and VT
have allowed occupational therapists to treat in a restorative capacity
without a doctor's order. Physical therapists already have the ability
to see patients without referrals and this legislation would allow occu-
pational therapists the same ability.

 
PRIOR LEGISLATIVE HISTORY:

2018-18: A.10996

2019-20: A.8889

2021: A.3202

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Negligible

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2021-S5663 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5663
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law and the insurance law, in relation  to
   allowing  patients  up to twelve visits with an occupational therapist
   without a referral from  a  physician,  nurse  practitioner  or  other
   health care provider
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7901 of the education law, as  amended  by  chapter
 460 of the laws of 2011, is amended to read as follows:
   § 7901. Definition.  1. The practice of the profession of occupational
 therapy is defined as the functional evaluation of the client, the plan-
 ning and utilization of a program of purposeful activities, the develop-
 ment and utilization of a treatment program,  and/or  consultation  with
 the  client,  family,  caregiver  or  organization  in order to restore,
 develop  or  maintain  adaptive  skills,  and/or  performance  abilities
 designed  to  achieve maximal physical, cognitive and mental functioning
 of the client associated with his or her activities of daily living  and
 daily  life  tasks.  A  treatment  program designed to restore function,
 shall be rendered on the prescription or referral of a physician,  nurse
 practitioner  or  other  health  care  provider acting within his or her
 scope of practice pursuant to this title,  EXCEPT  AS  PROVIDED  FOR  IN
 SUBDIVISION  TWO  OF  THIS  SECTION.  However, nothing contained in this
 article shall be construed to permit any licensee hereunder to  practice
 medicine  or  psychology, including psychotherapy or to otherwise expand
 such licensee's scope of practice beyond  what  is  authorized  by  this
 chapter.
   2.  TREATMENT MAY BE RENDERED BY A LICENSED OCCUPATIONAL THERAPIST FOR
 TWELVE VISITS WITHOUT A REFERRAL FROM A PHYSICIAN, NURSE PRACTITIONER OR
 OTHER HEALTH CARE PROVIDER PROVIDED THAT:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01911-01-1

 S. 5663                             2
 
   (A) THE LICENSED OCCUPATIONAL  THERAPIST  HAS  PRACTICED  OCCUPATIONAL
 THERAPY  ON  A  FULL TIME BASIS EQUIVALENT TO NOT LESS THAN THREE YEARS;
 AND
   (B)  EACH  OCCUPATIONAL  THERAPIST  LICENSED  PURSUANT TO THIS ARTICLE
 SHALL PROVIDE WRITTEN NOTICE TO EACH PATIENT RECEIVING TREATMENT  ABSENT
 A  REFERRAL  FROM  A  PHYSICIAN, NURSE PRACTITIONER OR OTHER HEALTH CARE
 PROVIDER THAT OCCUPATIONAL THERAPY MAY NOT BE COVERED BY  THE  PATIENT'S
 HEALTH CARE PLAN OR INSURER WITHOUT SUCH A REFERRAL AND THAT SUCH TREAT-
 MENT  MAY  BE A COVERED EXPENSE IF RENDERED PURSUANT TO A REFERRAL.  THE
 OCCUPATIONAL THERAPIST SHALL KEEP ON FILE WITH THE PATIENT'S  RECORDS  A
 FORM  ATTESTING  TO THE PATIENT'S NOTICE OF SUCH ADVICE. SUCH FORM SHALL
 BE IN DUPLICATE, WITH ONE COPY TO BE RETAINED BY THE PATIENT, SIGNED AND
 DATED BY BOTH THE OCCUPATIONAL THERAPIST AND THE PATIENT IN SUCH FORM AS
 PRESCRIBED PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER.
   § 2. Paragraph 1 of subsection (a) of section 5102  of  the  insurance
 law,  as  amended by chapter 298 of the laws of 2006, is amended to read
 as follows:
   (1)  All  necessary  expenses  incurred  for:  (i)  medical,  hospital
 (including services rendered in compliance with article forty-one of the
 public health law, whether or not such services are rendered directly by
 a  hospital),  surgical, nursing, dental, ambulance, x-ray, prescription
 drug  and  prosthetic  services;  (ii)  psychiatric,  physical   therapy
 (provided that treatment is rendered pursuant to a referral) and occupa-
 tional  therapy  and rehabilitation (PROVIDED THAT TREATMENT IS RENDERED
 PURSUANT TO A REFERRAL); (iii) any non-medical remedial care and  treat-
 ment  rendered  in  accordance with a religious method of healing recog-
 nized by the laws of this state; and (iv) any other professional  health
 services;  all  without  limitation as to time, provided that within one
 year after the date of the accident causing the injury it is ascertaina-
 ble that further expenses may be incurred as a result of the injury. For
 the purpose of determining basic economic loss,  the  expenses  incurred
 under  this  paragraph  shall  be  in accordance with the limitations of
 section five thousand one hundred eight of this article.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

co-Sponsors

2021-S5663A (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Amd §7901, Ed L; amd §5102, Ins L

2021-S5663A (ACTIVE) - Summary

2021-S5663A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5663A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the education law, in relation to allowing patients to
receive certain treatment by an occupational therapist without a refer-
ral from a physician or nurse practitioner; and to amend the insurance
law, in relation to eliminating the need for referrals for certain
treatment

 
PURPOSE OR GENERAL IDEA OF BILL:

Allows occupational therapists to treat patients without a required
referral. This will provide a greater level of care to the patient and
also reduce costs of both the patients and insurance carriers.  Physical
therapists already have the ability to see patients without referrals
and this legislation would allow occupational therapists the same abili-
ty.

 
SUMMARY OF PROVISIONS:

Section 1, amends section 7901 of the education law, as amended by chap-
ter 460 of the laws of 2011 and provides a definition of occupational
therapy. Allows licensed occupational therapy visits to ten without a
referral by a provider as long as certain criteria are met:

(a) The licensed occupational therapist has practiced occupational ther-
apy on a full-time basis equivalent to not less than three years

(b) Therapists pursuant to this article shall provide written notice to
each patient receiving treatment absent a referral from a provider that
occupational therapy may not be covered by the patient's health care
plan or insurer without such a referral and that such treatment may be a
covered expense if rendered pursuant to a referral. State therapists
must keep records attesting to this notice.

Section 2, Paragraph 1 of subsection (a) of section 5102 of the insur-
ance law, as amended by chapter 298 of the laws of 2006-descriptions of
medical expenses incurred provided that treatment is rendered pursuant
to a referral.

Section 3, provides for the effective date.

 
JUSTIFICATION:

Falls are the leading cause of injury-related deaths, hospitalizations
and emergency department visits among adults 65 and older, especially
those who have a disability. Falls can result in lasting, serious conse-
quences, affecting mobility, independence and mental health.

Providing occupational therapy has proven to reduce hospital readmis-
sions. Home evaluations resulting in modifications proven to reduce
falls- this is what occupational therapists specialize in, along with
ensuring the modifications match the individual's functional perform-
ance. An independent study published in Medical Care Research and Review
conducted by Johns Hopkins University found that "occupational therapy
is the only spending category where additional spending has a statis-
tically significant association with lower readmission rates" for the
three health conditions studied: heart failure, pneumonia, and acute
myocardial infraction. Physical therapists already have the ability to
see patients without referrals and this legislation would allow occupa-
tional therapists the same ability. 37 states including NJ, OH, MA, ME,
CT, and VT have allowed occupational therapists to treat in a restora-
tive capacity without a doctor's order. Physical therapists already have
the ability to see patients without referrals and this legislation would
allow occupational therapists the same ability.

 
PRIOR LEGISLATIVE HISTORY:

2018 - A.10996
2019-2020 - A.8889

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Negligible

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law, provided, however, that effective immediately
the department of education is authorized to take such steps in advance
of such effective date, including the addition, amendment and/or repeal
of any rule or regulation as may be necessary, to ensure the timely
implementation of the provisions of this act on such effective date.

2021-S5663A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5663--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the education law, in relation to allowing  patients  to
   receive  certain  treatment  by  an  occupational  therapist without a
   referral from a physician or nurse  practitioner;  and  to  amend  the
   insurance  law,  in relation to eliminating the need for referrals for
   certain treatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  7901 of the education law, as amended by chapter
 460 of the laws of 2011, is amended to read as follows:
   § 7901. Definition. 1. The practice of the profession of  occupational
 therapy is defined as the functional evaluation of the client, the plan-
 ning and utilization of a program of purposeful activities, the develop-
 ment  and  utilization  of a treatment program, and/or consultation with
 the client, family, caregiver  or  organization  in  order  to  restore,
 develop  or  maintain  adaptive  skills,  and/or  performance  abilities
 designed to achieve maximal physical, cognitive and  mental  functioning
 of  the client associated with his or her activities of daily living and
 daily life tasks. A treatment  program  designed  to  restore  function,
 shall  be rendered on the prescription or referral of a physician, nurse
 practitioner or other health care provider  acting  within  his  or  her
 scope  of  practice  pursuant  to  this title, EXCEPT AS PROVIDED FOR IN
 SUBDIVISION TWO OF THIS SECTION.  However,  nothing  contained  in  this
 article  shall be construed to permit any licensee hereunder to practice
 medicine or psychology, including psychotherapy or to  otherwise  expand
 such  licensee's  scope  of  practice  beyond what is authorized by this
 chapter.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01911-08-1

 S. 5663--A                          2
 
   2. TREATMENT MAY BE RENDERED BY A LICENSED OCCUPATIONAL THERAPIST  FOR
 TEN  VISITS,  OR  THIRTY  DAYS,  WHICHEVER  SHALL OCCUR FIRST, WITHOUT A
 REFERRAL FROM A PHYSICIAN OR NURSE PRACTITIONER PROVIDED THAT:
   (A)  THE  LICENSED  OCCUPATIONAL  THERAPIST HAS PRACTICED OCCUPATIONAL
 THERAPY ON A FULL TIME BASIS EQUIVALENT TO NOT LESS  THAN  THREE  YEARS;
 AND
   (B)  EACH  OCCUPATIONAL  THERAPIST  LICENSED  PURSUANT TO THIS ARTICLE
 SHALL PROVIDE WRITTEN NOTICE TO EACH PATIENT RECEIVING TREATMENT  ABSENT
 A  REFERRAL  FROM  A  PHYSICIAN  OR NURSE PRACTITIONER THAT OCCUPATIONAL
 THERAPY MAY NOT BE COVERED BY THE PATIENT'S HEALTH CARE PLAN OR  INSURER
 WITHOUT SUCH A REFERRAL AND THAT SUCH TREATMENT MAY BE A COVERED EXPENSE
 IF  RENDERED  PURSUANT  TO A REFERRAL.  THE OCCUPATIONAL THERAPIST SHALL
 KEEP ON FILE  WITH  THE  PATIENT'S  RECORDS  A  FORM  ATTESTING  TO  THE
 PATIENT'S  NOTICE  OF SUCH ADVICE. SUCH FORM SHALL BE IN DUPLICATE, WITH
 ONE COPY TO BE RETAINED BY THE PATIENT, SIGNED AND  DATED  BY  BOTH  THE
 OCCUPATIONAL THERAPIST AND THE PATIENT IN SUCH FORM AS PRESCRIBED PURSU-
 ANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER.
   §  2.  Paragraph  1 of subsection (a) of section 5102 of the insurance
 law, as amended by chapter 298 of the laws of 2006, is amended  to  read
 as follows:
   (1)  All  necessary  expenses  incurred  for:  (i)  medical,  hospital
 (including services rendered in compliance with article forty-one of the
 public health law, whether or not such services are rendered directly by
 a hospital), surgical, nursing, dental, ambulance,  x-ray,  prescription
 drug   and  prosthetic  services;  (ii)  psychiatric,  physical  therapy
 (provided that treatment is rendered pursuant to a referral) and occupa-
 tional therapy and rehabilitation (PROVIDED THAT TREATMENT  IS  RENDERED
 PURSUANT  TO A REFERRAL); (iii) any non-medical remedial care and treat-
 ment rendered in accordance with a religious method  of  healing  recog-
 nized  by the laws of this state; and (iv) any other professional health
 services; all without limitation as to time, provided  that  within  one
 year after the date of the accident causing the injury it is ascertaina-
 ble that further expenses may be incurred as a result of the injury. For
 the  purpose  of  determining basic economic loss, the expenses incurred
 under this paragraph shall be in  accordance  with  the  limitations  of
 section five thousand one hundred eight of this article.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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