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

                                  7888

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of  A.  P. RIVERA, GOTTFRIED, DINOWITZ, SCARBOROUGH,
  CANESTRARI, WEISENBERG, JACOBS, CLARK,  ESPAILLAT,  PHEFFER,  McENENY,
  GUNTHER, ENGLEBRIGHT, COLTON, CAHILL, KAVANAGH, LUPARDO -- Multi-Spon-
  sored by -- M. of A. ABBATE, ALESSI, ALFANO, ARROYO, AUBRY, BENEDETTO,
  BENJAMIN,  BING,  BOYLAND,  BRADLEY,  BRENNAN,  BROOK-KRASNY,  CAMARA,
  CARROZZA,  CHRISTENSEN,  COOK,  CYMBROWITZ,  DESTITO,  DIAZ,   DUPREY,
  EDDINGTON, FIELDS, GALEF, GLICK, GORDON, HEVESI, HIKIND, HOOPER, HOYT,
  JAFFEE,  JEFFRIES,  KOON,  LANCMAN,  LATIMER,  LAVINE, LENTOL, LIFTON,
  V. LOPEZ, MAGEE,  MAGNARELLI,  MAISEL,  MARKEY,  MAYERSOHN,  McKEVITT,
  MILLER,  MILLMAN,  NOLAN,  O'DONNELL, ORTIZ, PARMENT, PAULIN, PEOPLES,
  PERALTA, PERRY, POWELL, RAMOS, REILLY, J. RIVERA, N. RIVERA, ROBINSON,
  ROSENTHAL, SCHROEDER, SEMINERIO, SPANO, SWEENEY, TITUS,  TOWNS,  TOWN-
  SEND,  WEINSTEIN, WRIGHT -- read once and referred 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:

  Section  1. Subdivision 7 of section 2510 of the public health law, as
amended by chapter 645 of the laws  of  2005,  is  amended  to  read  as
follows:
  7.  "Covered  health care services" means: the services of physicians,
optometrists, nurses, nurse practitioners, midwives  and  other  related
professional  personnel  which  are  provided  on  an  outpatient basis,
including routine well-child visits; diagnosis and treatment of  illness
and injury; inpatient health care services; laboratory tests; diagnostic
x-rays;  prescription  and  non-prescription  drugs  and durable medical
equipment; radiation therapy; chemotherapy; hemodialysis; emergency room
services; hospice services; emergency,  preventive  and  routine  dental
care, except orthodontia and cosmetic surgery; emergency, preventive and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10798-01-9
              

A. 7888                             2

routine  vision care, including eyeglasses; speech and hearing services;
and, inpatient and outpatient mental health, alcohol and substance abuse
services as defined by the commissioner in consultation with the  super-
intendent,  PROVIDED  THAT  COVERAGE  FOR  MENTAL  HEALTH,  ALCOHOL  AND
SUBSTANCE ABUSE SERVICES SHALL BE PROVIDED ON THE SAME TERMS AND  CONDI-
TIONS  AS THE COVERAGE FOR OTHER COVERED HEALTH CARE SERVICES.  "Covered
health care services" shall not include drugs, procedures  and  supplies
for   the  treatment  of  erectile  dysfunction  when  provided  to,  or
prescribed for use by, a person who is required to  register  as  a  sex
offender  pursuant to article six-C of the correction law, provided that
any denial of coverage of  such  drugs,  procedures  or  supplies  shall
provide  the  patient with the means of obtaining additional information
concerning both the denial and the means of challenging such denial.
  S 2. Subparagraph (ix) of paragraph (e) of subdivision  1  of  section
369-ee  of the social services law, as added by chapter 1 of the laws of
1999, is amended to read as follows:
  (ix) inpatient and outpatient mental health and alcohol and  substance
abuse  services,  as defined by the commissioner, PROVIDED THAT COVERAGE
FOR MENTAL  HEALTH,  ALCOHOL  AND  SUBSTANCE  ABUSE  SERVICES  SHALL  BE
PROVIDED  ON  THE  SAME  TERMS  AND CONDITIONS AS THE COVERAGE FOR OTHER
COVERED HEALTH CARE SERVICES;
  S 3. The commissioner of health is authorized to submit amendments  to
the  state  plan  for medical assistance and submit one or more applica-
tions for waivers of the federal social security act as may be necessary
to obtain the federal approvals necessary to implement this chapter.
  S 4. This act shall take effect on the first of April next  succeeding
the  date  on  which it shall have become a law; provided, however, that
the amendments to subdivision 7 of section 2510 of the public health law
made by section one of this act shall not affect the expiration of  such
subdivision and shall be deemed to expire therewith.