Bill Text: NY A02548 | 2017-2018 | General Assembly | Introduced


Bill Title: Provides for health insurance coverage for family members of children who require psychiatric or psychological services.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2018-01-03 - referred to insurance [A02548 Detail]

Download: New_York-2017-A02548-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2548
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced   by   M.   of   A.   LIFTON,  JAFFEE,  KAVANAGH,  O'DONNELL,
          PEOPLES-STOKES, ROSENTHAL -- Multi-Sponsored by -- M.  of  A.  COLTON,
          GALEF, GUNTHER -- read once and referred to the Committee on Insurance
        AN ACT to amend the insurance law, in relation to providing coverage for
          family  members  of  children who require psychiatric or psychological
          services
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
     2  amended by adding a new paragraph 34 to read as follows:
     3    (34) (A) Every insurer issuing a policy of accident and health  insur-
     4  ance  for delivery in this state which provides coverage for psychiatric
     5  or psychological services or diagnosis or treatment of  mental,  nervous
     6  or  emotional  disorders  or  ailments  shall make available and provide
     7  coverage for family sessions when the insured is under eighteen years of
     8  age. In this paragraph, "family sessions" means therapy sessions  deter-
     9  mined as necessary by a licensed psychological professional in the state
    10  involving any family member of an insured.
    11    (B) The coverage required by this paragraph shall include treatment as
    12  a  family member pursuant to such family member's own policy or contract
    13  provided such family member (i) does not exceed the allowable number  of
    14  family visits provided by the applicable policy or contract, and (ii) is
    15  otherwise entitled to coverage pursuant to such family member's applica-
    16  ble policy or contract.
    17    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    18  adding a new paragraph 20 to read as follows:
    19    (20)  (A)  Every  group  or blanket policy which provides coverage for
    20  psychiatric or psychological  services  or  diagnosis  or  treatment  of
    21  mental,  nervous or emotional disorders or ailments shall make available
    22  and provide coverage for family sessions when the insured is under eigh-
    23  teen years of age. In this paragraph, "family  sessions"  means  therapy
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07907-01-7

        A. 2548                             2
     1  sessions  determined  as  necessary  by a licensed psychological profes-
     2  sional in the state involving any family member of an insured.
     3    (B) The coverage required by this paragraph shall include treatment as
     4  a  family member pursuant to such family member's own policy or contract
     5  provided such family member (i) does not exceed the allowable number  of
     6  family visits provided by the applicable policy or contract, and (ii) is
     7  otherwise entitled to coverage pursuant to such family member's applica-
     8  ble policy or contract.
     9    §  3.  Subsection (i) of section 4303 of the insurance law, as amended
    10  by chapter 230 of the laws of 2004, is amended to read as follows:
    11    (i) A medical expense indemnity corporation or health  service  corpo-
    12  ration which provides coverage for physicians, psychiatrists or psychol-
    13  ogists  for  psychiatric  or psychological services or for the diagnosis
    14  and treatment of mental, nervous or emotional  disorders  and  ailments,
    15  however  defined  in such contract, must make available and if requested
    16  by all persons holding individual contracts in a  group  whose  premiums
    17  are paid by a remitting agent or by the contract holder in the case of a
    18  group  contract  issued  pursuant to section four thousand three hundred
    19  five of this article[,]: (A) provide the same coverage for such services
    20  when performed by a licensed clinical social worker, within  the  lawful
    21  scope  of  his  or her practice, who is licensed pursuant to article one
    22  hundred fifty-four of the education law. The state board for social work
    23  shall maintain a list of all licensed clinical social workers  qualified
    24  for  reimbursement  under  this  subsection. Such coverage shall be made
    25  available at the inception of all new contracts and, with respect to all
    26  other contracts, at any anniversary date subject to evidence of  insura-
    27  bility.  Written  notice  of  the availability of such coverage shall be
    28  delivered to the group remitting agent or group contract holder prior to
    29  inception of such contract and annually  thereafter,  except  that  this
    30  notice  shall  not be required where a policy covers two hundred or more
    31  employees or where the benefit structure was the subject  of  collective
    32  bargaining affecting persons who are employed in more than one state[.];
    33  and (B) make available and provide coverage for family sessions when the
    34  insured is under eighteen years of age.
    35    (i)  In  this  subsection,  "family  sessions"  means therapy sessions
    36  determined as necessary by a licensed psychological professional in  the
    37  state involving any family member of an insured.
    38    (ii)  The coverage required by this subsection shall include treatment
    39  as a family member pursuant  to  such  family  member's  own  policy  or
    40  contract  provided  such family member (1) does not exceed the allowable
    41  number of family visits provided by the applicable policy  or  contract,
    42  and  (2)  is  otherwise  entitled  to  coverage  pursuant to such family
    43  member's applicable policy or contract.
    44    § 4. This act shall take effect on the one hundred twentieth day after
    45  it shall have become a law, except that any rule or regulation necessary
    46  for the timely implementation of this act on its effective date shall be
    47  promulgated on or before such date.
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