S T A T E O F N E W Y O R K
________________________________________________________________________
1355
2023-2024 Regular Sessions
I N S E N A T E
January 11, 2023
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the insurance law, in relation to mental health services
required to be covered by certain insurance policies
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 a chapter of the
laws of 2022 amending the insurance law relating to health insurance
coverage of outpatient care provided by a mental health practitioner and
a clinical social worker, as proposed in legislative bills numbers S.
6574-A and A. 1171-A, 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 a chapter of the laws of 2022 amend-
ing the insurance law relating to health insurance coverage of outpa-
tient care provided by a mental health practitioner and a clinical
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04011-01-3
S. 1355 2
social worker, as proposed in legislative bills numbers S. 6574-A and A.
1171-A, 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
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 a chapter of the laws
of 2022 amending the insurance law relating to health insurance coverage
of outpatient care provided by a mental health practitioner and a clin-
ical social worker, as proposed in legislative bills numbers S. 6574-A
and A. 1171-A, 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 a chapter of the laws of 2022 amending the insurance
law relating to health insurance coverage of outpatient care provided by
a mental health practitioner and a clinical social worker, as proposed
in legislative bills numbers S. 6574-A and A. 1171-A, 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
S. 1355 3
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 a chapter of the laws of 2022 amending the insurance law relating to
health insurance coverage of outpatient care provided by a mental health
practitioner and a clinical social worker, as proposed in legislative
bills numbers S. 6574-A and A. 1171-A, 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
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 reimburse-
ment under this subsection. The state board for mental health practi-
tioners shall maintain a list of all licensed mental health counselors,
marriage and family therapists, [creative arts therapists] or psychoana-
lysts qualified for reimbursement under this subsection.
§ 6. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 amending the insurance law
relating to health insurance coverage of outpatient care provided by a
mental health practitioner and a clinical social worker, as proposed in
legislative bills numbers S. 6574-A and A. 1171-A, takes effect.
Why were creative arts therapists (LCATs) removed from this bill? LCATs are one of the four licensed mental health providers in New York State. Per the licensing guidelines, LCATs are required to complete more education and fieldwork (prior to licensure) than Licensed Marriage and Family Therapists (LMFTs). The exclusion of LCATs from this bill makes absolutely no sense and I would love a concrete reason why this happened. Thank you for your time, Shawn Shannon-Missal (current graduate student intern, future LCAT)