Assembly Bill A4572

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

                                  4572

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of A. P. RIVERA, LUPARDO, CAHILL, ALESSI, EDDINGTON,
  STIRPE, CAMARA, BRADLEY, CUSICK,  LAVINE,  ROSENTHAL,  LANCMAN,  KOON,
  KAVANAGH,  JAFFEE, N. RIVERA, GREENE, GUNTHER, SCHROEDER, SPANO, SCHI-
  MEL,  GOTTFRIED,  BRENNAN,  ESPAILLAT,  ZEBROWSKI,  CARROZZA,  MAISEL,
  ORTIZ,  O'DONNELL,  RAMOS,  TITONE  --  Multi-Sponsored by -- M. of A.
  ALFANO, AUBRY, BALL, BARRA, BENJAMIN, BING, BOYLAND,  BOYLE,  BRODSKY,
  BROOK-KRASNY,  BURLING,  BUTLER,  CALHOUN,  COLTON, CONTE, COOK, DIAZ,
  DINOWITZ, DUPREY, ENGLEBRIGHT, ERRIGO, FIELDS, GALEF,  GIGLIO,  GLICK,
  HAWLEY,  HEVESI,  HOOPER,  HOYT,  JACOBS,  JEFFRIES,  KELLNER, LENTOL,
  LIFTON, P. LOPEZ,  MAGEE,  MAYERSOHN,  McDONOUGH,  McENENY,  McKEVITT,
  MOLINARO,  PAULIN, PERALTA, PHEFFER, PRETLOW, RABBITT, REILLY, SALADI-
  NO, SAYWARD, SCARBOROUGH,  SCOZZAFAVA,  SEMINERIO,  SWEENEY,  TEDISCO,
  THIELE,  TOBACCO,  TOWNSEND,  WALKER,  WEISENBERG  --  read  once  and
  referred to the Committee on Mental  Health,  Mental  Retardation  and
  Developmental Disabilities

AN ACT to amend the mental hygiene law, in relation to the effectiveness
  of  mental  health parity; and to amend the insurance law, in relation
  to post traumatic stress disorder

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

  Section 1. Section 7.09 of the mental hygiene law is amended by adding
a new subdivision (k) to read as follows:
  (K)  THE COMMISSIONER SHALL CONSULT WITH AND ASSIST THE SUPERINTENDENT
OF INSURANCE ON THE STUDY REQUIRED UNDER SUBDIVISION A OF SECTION  SEVEN
OF  CHAPTER SEVEN HUNDRED FORTY-EIGHT OF THE LAWS OF TWO THOUSAND SIX TO
DETERMINE THE EFFECTIVENESS OF MENTAL HEALTH  PARITY.  THE  COMMISSIONER
MAY  INCLUDE  WITHIN  THE  STUDY  ANY ADDITIONAL FINDINGS THAT HE OR SHE
SHALL DEEM APPROPRIATE.
  S 2. Clause (ii) of subparagraph (B) of paragraph 5 of subsection  (1)
of  section  3221 of the insurance law, as amended by chapter 502 of the
laws of 2007, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00735-01-9
              

A. 4572                             2

  (ii) For purposes of this  paragraph,  the  term  "biologically  based
mental  illness" means a mental, nervous, or emotional condition that is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the  functioning of the person with the illness. Such biologically based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression, bipolar  disorder,  delusional  disorders,  panic  disorder,
obsessive  compulsive disorders, bulimia, [and] anorexia, AND POST TRAU-
MATIC STRESS DISORDER.
  S 3. Subparagraph (B) of paragraph 2 of subsection (g) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007,  is
amended to read as follows:
  (B)  For  purposes  of  this  subsection, the term "biologically based
mental illness" means a mental, nervous, or emotional condition that  is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the  functioning of the person with the illness. Such biologically based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression, bipolar  disorder,  delusional  disorders,  panic  disorder,
obsessive  compulsive disorders, anorexia, [and] bulimia, AND POST TRAU-
MATIC STRESS DISORDER.
  S 4. Subparagraph (B) of paragraph 2 of subsection (h) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007,  is
amended to read as follows:
  (B)  For  purposes  of  this  subsection, the term "biologically based
mental illness" means a mental, nervous, or emotional condition that  is
caused by a biological disorder of the brain and results in a clinically
significant, psychological syndrome or pattern that substantially limits
the  functioning of the person with the illness. Such biologically based
mental illnesses are defined as schizophrenia/psychotic disorders, major
depression, bipolar  disorder,  delusional  disorders,  panic  disorder,
obsessive  compulsive  disorder, anorexia, [and] bulimia, AND POST TRAU-
MATIC STRESS DISORDER.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law; provided, however, that the amendments to clause (ii)
of  subparagraph (B) of paragraph 5 of subsection (l) of section 3221 of
the insurance law made by section two of this act shall not  affect  the
expiration  of  such  paragraph and shall be deemed to expire therewith;
provided, further, that the amendments to subparagraph (B) of  paragraph
2 of subsection (g) of section 4303 of the insurance law made by section
three of this act shall not affect the expiration of such subsection and
shall  be deemed to expire therewith; provided, further, that the amend-
ments to subparagraph (B) of paragraph 2 of subsection  (h)  of  section
4303  of  the  insurance  law made by section four of this act shall not
affect the expiration of such subsection and shall be deemed  to  expire
therewith; provided, further that the provisions of this act shall apply
to  policies and contracts issued, renewed, modified, altered or amended
on or after such effective date.