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Assembly Bill A1417

2009-2010 Legislative Session

Provides factors and requirements to be considered and followed when health care practitioner's diagnosis differs from treating health care practitioner as to disability

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Archive: Last Bill Status - In Senate Committee Social Services Committee

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Bill Amendments

2009-A1417 - Details

Current Committee:
Senate Social Services
Versions Introduced in Other Legislative Sessions:
2011-2012: A2957
2013-2014: A2960
2015-2016: A3450
2017-2018: A3045
2019-2020: A4236, A8994
2021-2022: A3149

2009-A1417 - Summary

Provides factors to be considered when a health care practitioner's opinion differs from that of referral's treating health care practitioner as to a disability; requires such health care practitioner to provide an explicit written determination and to present evidence when such practitioner's diagnosis differs from that of the treating health care practitioner who referred the patient.

2009-A1417 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1417

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT, GLICK, JAFFEE -- Multi-Sponsored by -- M.
  of A. COOK, LAVINE, McENENY, ROBINSON -- 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;  and
  requires  an explicit written determination by the health care practi-
  tioner when the diagnoses differ

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 4 of section 332-b of the social services law
is amended by adding a new paragraph (f) to read as follows:
  (F) IN THE EVENT THE PRACTITIONER TO WHOM THE INDIVIDUAL  IS  REFERRED
PURSUANT TO THIS SUBDIVISION OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION  ISSUES  AN  OPINION  THAT DIFFERS FROM THE APPLICANT'S TREATING
HEALTH CARE PRACTITIONER'S OPINION, THE APPLICANT'S TREATING HEALTH CARE
PRACTITIONER'S OPINION IS GENERALLY CONTROLLING,  SUBJECT  TO,  BUT  NOT
LIMITED TO, THE FOLLOWING FACTORS:
  (I) THE LENGTH AND FREQUENCY OF THE TREATMENT PROVIDED,
  (II) CONSISTENCY OF THE OPINION WITH THE RECORD AS A WHOLE,
  (III)  THE  DEGREE  TO  WHICH  THE  OPINION  IS  SUPPORTED BY CONCRETE
EVIDENCE, AND
  (IV) THE PRACTITIONER'S SPECIALTY.
  FURTHERMORE, IF THE PRACTITIONER TO WHOM THE  INDIVIDUAL  IS  REFERRED
PURSUANT TO THIS SUBDIVISION OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION  ISSUES  AN  OPINION  THAT DIFFERS FROM THE APPLICANT'S TREATING
HEALTH CARE PRACTITIONER, THE  PRACTITIONER  MUST  PROVIDE  AN  EXPLICIT
WRITTEN  DETERMINATION  AS  TO  WHY  THE PRACTITIONER DISAGREES WITH THE
APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S DISABILITY DETERMINATION
AND PRESENT EVIDENCE THAT SUPPORTS THE OPINION.
  S 2. This act shall take effect immediately.

2009-A1417A (ACTIVE) - Details

Current Committee:
Senate Social Services
Versions Introduced in Other Legislative Sessions:
2011-2012: A2957
2013-2014: A2960
2015-2016: A3450
2017-2018: A3045
2019-2020: A4236, A8994
2021-2022: A3149

2009-A1417A (ACTIVE) - Summary

Provides factors to be considered when a health care practitioner's opinion differs from that of referral's treating health care practitioner as to a disability; requires such health care practitioner to provide an explicit written determination and to present evidence when such practitioner's diagnosis differs from that of the treating health care practitioner who referred the patient.

2009-A1417A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1417--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT, GLICK, JAFFEE -- Multi-Sponsored by -- M.
  of A. COOK, LAVINE, McENENY, ROBINSON -- read once and referred to the
  Committee  on  Social  Services -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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; and
  requiring an explicit written determination by the health care practi-
  tioner when the diagnoses differ

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  332-b  of  the social services law is amended by
adding two new subdivisions 4-a and 4-b to read as follows:
  4-A. IF THE PRACTITIONER TO WHOM THE INDIVIDUAL IS  REFERRED  PURSUANT
TO  SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION
ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE
PRACTITIONER, THE PRACTITIONER MUST PROVIDE AN EXPLICIT WRITTEN DETERMI-
NATION AS TO WHY THE PRACTITIONER DISAGREES WITH THE APPLICANT'S  TREAT-
ING  HEALTH  CARE  PRACTITIONER'S  DISABILITY  DETERMINATION AND PRESENT
EVIDENCE THAT SUPPORTS THE OPINION.
  4-B. IN THE EVENT THE PRACTITIONER TO WHOM THE INDIVIDUAL IS  REFERRED
PURSUANT TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION  ISSUES  AN  OPINION  THAT DIFFERS FROM THE APPLICANT'S TREATING
HEALTH CARE PRACTITIONER'S OPINION, THE APPLICANT'S TREATING HEALTH CARE
PRACTITIONER'S OPINION IS GENERALLY CONTROLLING,  SUBJECT  TO,  BUT  NOT
LIMITED TO, THE FOLLOWING FACTORS:
  (A) THE LENGTH AND FREQUENCY OF THE TREATMENT PROVIDED,
  (B) CONSISTENCY OF THE OPINION WITH THE RECORD AS A WHOLE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00416-02-9

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