Bill Text: NY A01975 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to mental health services required to be covered by certain insurance policies; removes the requirement that services from creative arts therapists be covered by certain policies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-03-03 - signed chap.62 [A01975 Detail]
Download: New_York-2023-A01975-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1975 2023-2024 Regular Sessions IN ASSEMBLY January 23, 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 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: 1 Section 1. Item (ii) of subparagraph (A) of paragraph 35 of subsection 2 (i) of section 3216 of the insurance law, as amended by a chapter of the 3 laws of 2022 amending the insurance law relating to health insurance 4 coverage of outpatient care provided by a mental health practitioner and 5 a clinical social worker, as proposed in legislative bills numbers S. 6 6574-A and A. 1171-A, is amended to read as follows: 7 (ii) where the policy provides coverage for physician services, such 8 policy shall include benefits for outpatient care provided by a psychia- 9 trist or psychologist licensed to practice in this state, a licensed 10 clinical social worker within the lawful scope of his or her practice, 11 who is licensed pursuant to article one hundred fifty-four of the educa- 12 tion law, a mental health counselor, marriage and family therapist, 13 [creative arts therapist] or psychoanalyst licensed pursuant to article 14 one hundred sixty-three of the education law, a nurse practitioner 15 licensed to practice in this state, or a professional corporation or 16 university faculty practice corporation thereof. Nothing herein shall 17 be construed to modify or expand the scope of practice of a mental 18 health counselor, marriage and family therapist, [creative arts thera-19pist] or psychoanalyst licensed pursuant to article one hundred sixty- 20 three of the education law. Further, nothing herein shall be construed 21 to create a new mandated health benefit. 22 § 2. Subparagraph (A) of paragraph 4 of subsection (l) of section 3221 23 of the insurance law, as amended by a chapter of the laws of 2022 amend- 24 ing the insurance law relating to health insurance coverage of outpa- 25 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. LBD04011-01-3A. 1975 2 1 social worker, as proposed in legislative bills numbers S. 6574-A and A. 2 1171-A, is amended to read as follows: 3 (A) Every insurer delivering a group policy or issuing a group policy 4 for delivery, in this state, that provides reimbursement for psychiatric 5 or psychological services or for the diagnosis and treatment of mental 6 health conditions, however defined in such policy, by physicians, 7 psychiatrists or psychologists, shall provide the same coverage to 8 insureds for such services when performed by a licensed clinical social 9 worker, within the lawful scope of his or her practice, who is licensed 10 pursuant to article one hundred fifty-four of the education law and 11 mental health counselors, marriage and family therapists, [creative arts12therapists] and psychoanalysts licensed pursuant to article one hundred 13 sixty-three of the education law, within the lawful scope of his or her 14 practice. Nothing herein shall be construed to modify or expand the 15 scope of practice of a mental health counselor, marriage and family 16 therapist, [creative arts therapist] or psychoanalyst licensed pursuant 17 to article one hundred sixty-three of the education law. Further, noth- 18 ing herein shall be construed to create a new mandated health benefit. 19 § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (l) of 20 section 3221 of the insurance law, as amended by a chapter of the laws 21 of 2022 amending the insurance law relating to health insurance coverage 22 of outpatient care provided by a mental health practitioner and a clin- 23 ical social worker, as proposed in legislative bills numbers S. 6574-A 24 and A. 1171-A, is amended to read as follows: 25 (ii) where the policy provides coverage for physician services, it 26 shall include benefits for outpatient care provided by a psychiatrist or 27 psychologist licensed to practice in this state, or a mental health 28 counselor, marriage and family therapist, [creative arts therapist] or 29 psychoanalyst licensed pursuant to article one hundred sixty-three of 30 the education law, or a licensed clinical social worker within the 31 lawful scope of his or her practice, who is licensed pursuant to article 32 one hundred fifty-four of the education law, a nurse practitioner 33 licensed to practice in this state, or a professional corporation or 34 university faculty practice corporation thereof. Nothing herein shall be 35 construed to modify or expand the scope of practice of a mental health 36 counselor, marriage and family therapist, [creative arts therapist] or 37 psychoanalyst licensed pursuant to article one hundred sixty-three of 38 the education law. Further, nothing herein shall be construed to create 39 a new mandated health benefit. 40 § 4. Paragraph 2 of subsection (g) of section 4303 of the insurance 41 law, as amended by a chapter of the laws of 2022 amending the insurance 42 law relating to health insurance coverage of outpatient care provided by 43 a mental health practitioner and a clinical social worker, as proposed 44 in legislative bills numbers S. 6574-A and A. 1171-A, is amended to read 45 as follows: 46 (2) where the contract provides coverage for physician services such 47 contract shall provide benefits for outpatient care provided by a 48 psychiatrist or psychologist licensed to practice in this state, or a 49 mental health counselor, marriage and family therapist, [creative arts50therapist] or psychoanalyst licensed pursuant to article one hundred 51 sixty-three of the education law, or a licensed clinical social worker 52 within the lawful scope of his or her practice, who is licensed pursuant 53 to article one hundred fifty-four of the education law, a nurse practi- 54 tioner licensed to practice in this state, or professional corporation 55 or university faculty practice corporation thereof. Nothing herein shall 56 be construed to modify or expand the scope of practice of a mentalA. 1975 3 1 health counselor, marriage and family therapist, [creative arts thera-2pist] or psychoanalyst licensed pursuant to article one hundred sixty- 3 three of the education law. Further, nothing herein shall be construed 4 to create a new mandated health benefit. 5 § 5. Subsection (n) of section 4303 of the insurance law, as amended 6 by a chapter of the laws of 2022 amending the insurance law relating to 7 health insurance coverage of outpatient care provided by a mental health 8 practitioner and a clinical social worker, as proposed in legislative 9 bills numbers S. 6574-A and A. 1171-A, is amended to read as follows: 10 (n) Every health service or medical expense indemnity corporation 11 issuing a group contract pursuant to this section or a group remittance 12 contract for delivery in this state which contract provides reimburse- 13 ment to subscribers or physicians, psychiatrists or psychologists for 14 psychiatric or psychological services or for the diagnosis and treatment 15 of mental health conditions, however defined in such contract, must 16 provide the same coverage to persons covered under the group contract 17 for such services when performed by a licensed clinical social worker, 18 within the lawful scope of his or her practice, who is licensed pursuant 19 to article one hundred fifty-four of the education law and a mental 20 health counselor, marriage and family therapist, [creative arts thera-21pist] or psychoanalyst licensed pursuant to article one hundred sixty- 22 three of the education law. Nothing herein shall be construed to modify 23 or expand the scope of practice of a mental health counselor, marriage 24 and family therapist, [creative arts therapist] or psychoanalyst 25 licensed pursuant to article one hundred sixty-three of the education 26 law. Further, nothing herein shall be construed to create a new 27 mandated health benefit. The state board for social work shall maintain 28 a list of all licensed clinical social workers qualified for reimburse- 29 ment under this subsection. The state board for mental health practi- 30 tioners shall maintain a list of all licensed mental health counselors, 31 marriage and family therapists, [creative arts therapists] or psychoana- 32 lysts qualified for reimbursement under this subsection. 33 § 6. This act shall take effect on the same date and in the same 34 manner as a chapter of the laws of 2022 amending the insurance law 35 relating to health insurance coverage of outpatient care provided by a 36 mental health practitioner and a clinical social worker, as proposed in 37 legislative bills numbers S. 6574-A and A. 1171-A, takes effect.
