S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6173
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law, in relation to  including  outpatient
   care  provided  by creative arts therapists in certain insurance poli-
   cies
 
   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 35 of subsection
 (i)  of  section  3216 of the insurance law, as amended by chapter 62 of
 the laws of 2023, is amended to read as follows:
   (ii) where the policy provides coverage for physician  services,  such
 policy shall include benefits for outpatient care provided by a psychia-
 trist  or  psychologist  licensed  to practice in this state, a licensed
 clinical social worker within the lawful scope of his or  her  practice,
 who is licensed pursuant to article one hundred fifty-four of the educa-
 tion  law,  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, a nurse practitioner
 licensed to practice in this state, or  a  professional  corporation  or
 university  faculty  practice corporation thereof.  Nothing herein shall
 be construed to modify or expand the  scope  of  practice  of  a  mental
 health  counselor,  marriage  and family therapist, CREATIVE ARTS THERA-
 PIST, or psychoanalyst licensed pursuant to article one  hundred  sixty-
 three  of  the education law. Further, nothing herein shall be construed
 to create a new mandated health benefit.
   § 2. Subparagraph (A) of paragraph 4 of subsection (l) of section 3221
 of the insurance law, as amended by chapter 62 of the laws of  2023,  is
 amended to read as follows:
   (A)  Every insurer delivering a group policy or issuing a group policy
 for delivery, in this state, that provides reimbursement for psychiatric
 or psychological services or for the diagnosis and treatment  of  mental
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10142-01-3
              

 A. 6173                             2
 
 health  conditions,  however  defined  in  such  policy,  by physicians,
 psychiatrists or psychologists,  shall  provide  the  same  coverage  to
 insureds  for such services when performed by a licensed clinical social
 worker,  within the lawful scope of his or her practice, who is licensed
 pursuant to article one hundred fifty-four  of  the  education  law  and
 mental  health counselors, marriage and family therapists, CREATIVE ARTS
 THERAPISTS, and psychoanalysts licensed pursuant to article one  hundred
 sixty-three  of the education law, within the lawful scope of his or her
 practice. 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. Further, noth-
 ing herein shall be construed to create a new mandated health benefit.
   § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (l) of
 section 3221 of the insurance law, as amended by chapter 62 of the  laws
 of 2023, 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 within the
 lawful scope of his or her practice, who is licensed pursuant to article
 one hundred fifty-four  of  the  education  law,  a  nurse  practitioner
 licensed  to  practice  in  this state, or a professional corporation or
 university faculty practice corporation thereof. 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. Further, nothing herein shall be construed to create
 a new mandated health benefit.
   § 4. Paragraph 2 of subsection (g) of section 4303  of  the  insurance
 law, as amended by chapter 62 of the laws of 2023, is amended to read as
 follows:
   (2)  where  the contract provides coverage for physician services such
 contract shall provide  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
 within the lawful scope of his or her practice, who is licensed pursuant
 to  article one hundred fifty-four of the education law, a nurse practi-
 tioner licensed to practice in this state, or  professional  corporation
 or university faculty practice corporation thereof. Nothing herein shall
 be  construed  to  modify  or  expand  the scope of practice of a mental
 health counselor, marriage and family therapist,  CREATIVE  ARTS  THERA-
 PIST,  or  psychoanalyst licensed pursuant to article one hundred sixty-
 three of the education law. Further, nothing herein shall  be  construed
 to create a new mandated health benefit.
   §  5.  Subsection (n) of section 4303 of the insurance law, as amended
 by chapter 62 of the laws of 2023, is amended to read as follows:
   (n) Every health service  or  medical  expense  indemnity  corporation
 issuing  a group contract pursuant to this section or a group remittance
 contract for delivery in this state which contract  provides  reimburse-
 ment  to  subscribers  or physicians, psychiatrists or psychologists for
 psychiatric or psychological services or for the diagnosis and treatment
 A. 6173                             3
 
 of mental health conditions, however  defined  in  such  contract,  must
 provide  the  same  coverage to persons covered under the group contract
 for such services when performed by a licensed clinical  social  worker,
 within the lawful scope of his or her practice, who is licensed pursuant
 to  article  one  hundred  fifty-four  of the education law and a mental
 health counselor, marriage and family therapist,  CREATIVE  ARTS  THERA-
 PIST,  or  psychoanalyst licensed pursuant to article one hundred sixty-
 three of the education law. 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.
 Further,  nothing  herein  shall  be  construed to create a new mandated
 health benefit. The state board for social work shall maintain a list of
 all licensed clinical social workers qualified for  reimbursement  under
 this  subsection.  The state board for mental health practitioners shall
 maintain a list of all licensed mental health counselors,  marriage  and
 family therapists, CREATIVE ARTS THERAPISTS, or psychoanalysts qualified
 for reimbursement under this subsection.
   §  6.  This  act  shall take effect immediately and shall apply to all
 policies and contracts issued, renewed, modified, altered or amended  on
 or after such effective date.