Bill Text: NY S04641 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 4641 (Prior Session Legislation)

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 2-0)

Status: (Vetoed) 2019-12-06 - VETOED MEMO.179 [S04641 Detail]

Download: New_York-2019-S04641-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          4641
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 19, 2019
                                       ___________
        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed 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.
                                                                   LBD01067-01-9