S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3319
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced   by   M.   of   A.  BRONSON,  R. CARROLL,  SHRESTHA,  SIMON,
   GONZALEZ-ROJAS,  GALLAGHER,  SANTABARBARA,  BARRETT,  PAULIN,  WEPRIN,
   BORES  --  Multi-Sponsored  by  --  M.  of  A. GIGLIO -- read once and
   referred to the Committee 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]  SUCH
 LICENSED  CLINICAL SOCIAL WORKER'S practice, who is licensed pursuant to
 article one hundred fifty-four of the education  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  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.
   § 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00410-01-5
              

 A. 3319                             2
 
   (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] SUCH LICENSED CLINICAL
 SOCIAL WORKER'S   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 psychoana-
 lysts licensed pursuant to article one hundred sixty-three of the educa-
 tion law, within the lawful scope of [his or  her]  SUCH  MENTAL  HEALTH
 COUNSELOR'S,  MARRIAGE  AND/OR  FAMILY THERAPIST'S, CREATIVE ARTS THERA-
 PIST'S, OR PSYCHOANALYST'S 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, nothing 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] SUCH LICENSED CLINICAL SOCIAL WORKER'S
 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] SUCH LICENSED CLINICAL SOCIAL
 WORKER'S practice, who is  licensed  pursuant  to  article  one  hundred
 fifty-four  of the education law, a nurse practitioner licensed to prac-
 tice in this state, or professional corporation  or  university  faculty
 practice corporation thereof. Nothing herein shall be construed to modi-
 fy  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
 A. 3319                             3
 
 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
 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] SUCH LICENSED CLINICAL SOCIAL
 WORKER'S 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 THERAPIST, or psychoanalyst licensed
 pursuant to article one hundred sixty-three of the education law.  Noth-
 ing  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, CREA-
 TIVE 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.