Bill Text: NY A06356 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 6356 (Prior Session Legislation)

Introduced

Bill Title: Establishes criteria for medical examinations to determine disability status; specifies an applicant's treating health care practitioner's opinion shall be generally controlling.

Spectrum: Strong Partisan Bill (Democrat 29-2)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A06356 Detail]

Download: New_York-2019-A06356-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6356
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 6, 2019
                                       ___________
        Introduced  by M. of A. REYES -- read once and referred to the Committee
          on Governmental Employees
        AN ACT to amend the retirement and social security law, in  relation  to
          criteria for medical examinations to determine disability status
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The retirement and social security law is amended by adding
     2  a new section 65 to read as follows:
     3    § 65. Criteria for medical examinations.  a.  In  instances  where  an
     4  applicant  for  disability  benefits under this title is given a medical
     5  examination, the health care practitioner who performs such  examination
     6  of the applicant shall:
     7    1.  review  and  consider  all  records or information provided by the
     8  applicant or his or her  treating  health  care  practitioner  that  are
     9  pertinent to the claimed medical condition;
    10    2.  make  a  specific  diagnosis as evidenced by medically appropriate
    11  tests or evaluations in determination of the applicant's claimed  condi-
    12  tion;
    13    3.  render  to the applicant and the comptroller, an opinion, particu-
    14  larizing the presence or absence of the alleged condition;
    15    4. in the event that he or she identifies a condition, other than  the
    16  alleged  condition,  that may interfere with the individual's ability to
    17  fully engage in work activities,  the  practitioner  shall  report  such
    18  condition; and
    19    5. determine whether the individual is:
    20    (a) disabled and eligible for benefits under this title; or
    21    (b) neither disabled nor work limited.
    22    b.  If  the  practitioner  to whom the applicant is referred issues an
    23  opinion that differs from the applicant's treating health  care  practi-
    24  tioner,  the  practitioner  shall  provide  a written determination that
    25  specifies why the practitioner disagrees with the  applicant's  treating
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08883-01-9

        A. 6356                             2
     1  health care practitioner's disability determination and present evidence
     2  that supports the opinion.
     3    c.  In  the  event  the practitioner to whom the applicant is referred
     4  issues an opinion that differs from the applicant's treating health care
     5  practitioner's opinion, the applicant's treating health care practition-
     6  er's opinion shall be generally controlling, subject to, but not limited
     7  to, the following factors:
     8    1. the length and frequency of the treatment provided;
     9    2. consistency of the opinion with the record as a whole;
    10    3. the degree to which the opinion is supported by concrete  evidence;
    11  and
    12    4. such practitioner's specialty.
    13    §  2.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.