Bill Text: NY A08994 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes factors and requirements to be considered when a health care practitioner's opinion differs from that of an applicant's treating health care practitioner's opinion as to an applicant's disability.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Engrossed - Dead) 2020-01-29 - REFERRED TO SOCIAL SERVICES [A08994 Detail]
Download: New_York-2019-A08994-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8994 IN ASSEMBLY January 8, 2020 ___________ Introduced by M. of A. HEVESI, GLICK, JAFFEE, BARRON, COLTON, MOSLEY, EPSTEIN, BUTTENSCHON, OTIS, SANTABARBARA, SEAWRIGHT -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to establishing factors to be considered when a health care practitioner upon exam- ination has a different opinion from an applicant's treating health care practitioner's opinion as to an applicant's disability The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 332-b of the social services law is amended by 2 adding a new subdivision 4-b to read as follows: 3 4-b. In the event the practitioner to whom the individual is referred 4 pursuant to subdivision four or paragraph (b) of subdivision two of this 5 section issues an opinion that differs from the applicant's treating 6 health care practitioner's opinion, the applicant's treating health care 7 practitioner's opinion is generally controlling, subject to, but not 8 limited to, the following factors: 9 (a) the length and frequency of the treatment provided, 10 (b) consistency of the opinion with the record as a whole, 11 (c) the degree to which the opinion is supported by concrete evidence, 12 and 13 (d) the practitioner's specialty. 14 § 2. This act shall take effect on the ninetieth day after it shall 15 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01067-02-0