Bill Text: NY S05161 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes mental health parity in public health insurance plans.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S05161 Detail]
Download: New_York-2009-S05161-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5161 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. MORAHAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the social services law, in relation to establishing mental health parity in public health insur- ance plans THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 7 of section 2510 of the public health law, as 2 amended by chapter 645 of the laws of 2005, is amended to read as 3 follows: 4 7. "Covered health care services" means: the services of physicians, 5 optometrists, nurses, nurse practitioners, midwives and other related 6 professional personnel which are provided on an outpatient basis, 7 including routine well-child visits; diagnosis and treatment of illness 8 and injury; inpatient health care services; laboratory tests; diagnostic 9 x-rays; prescription and non-prescription drugs and durable medical 10 equipment; radiation therapy; chemotherapy; hemodialysis; emergency room 11 services; hospice services; emergency, preventive and routine dental 12 care, except orthodontia and cosmetic surgery; emergency, preventive and 13 routine vision care, including eyeglasses; speech and hearing services; 14 and, inpatient and outpatient mental health, alcohol and substance abuse 15 services as defined by the commissioner in consultation with the super- 16 intendent, PROVIDED THAT COVERAGE FOR MENTAL HEALTH, ALCOHOL AND 17 SUBSTANCE ABUSE SERVICES SHALL BE PROVIDED ON THE SAME TERMS AND CONDI- 18 TIONS AS THE COVERAGE FOR OTHER COVERED HEALTH CARE SERVICES. "Covered 19 health care services" shall not include drugs, procedures and supplies 20 for the treatment of erectile dysfunction when provided to, or 21 prescribed for use by, a person who is required to register as a sex 22 offender pursuant to article six-C of the correction law, provided that 23 any denial of coverage of such drugs, procedures or supplies shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10798-01-9 S. 5161 2 1 provide the patient with the means of obtaining additional information 2 concerning both the denial and the means of challenging such denial. 3 S 2. Subparagraph (ix) of paragraph (e) of subdivision 1 of section 4 369-ee of the social services law, as added by chapter 1 of the laws of 5 1999, is amended to read as follows: 6 (ix) inpatient and outpatient mental health and alcohol and substance 7 abuse services, as defined by the commissioner, PROVIDED THAT COVERAGE 8 FOR MENTAL HEALTH, ALCOHOL AND SUBSTANCE ABUSE SERVICES SHALL BE 9 PROVIDED ON THE SAME TERMS AND CONDITIONS AS THE COVERAGE FOR OTHER 10 COVERED HEALTH CARE SERVICES; 11 S 3. The commissioner of health is authorized to submit amendments to 12 the state plan for medical assistance and submit one or more applica- 13 tions for waivers of the federal social security act as may be necessary 14 to obtain the federal approvals necessary to implement this chapter. 15 S 4. This act shall take effect on the first of April next succeeding 16 the date on which it shall have become a law; provided, however, that 17 the amendments to subdivision 7 of section 2510 of the public health law 18 made by section one of this act shall not affect the expiration of such 19 subdivision and shall be deemed to expire therewith.