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.
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