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Assembly Bill A2957

2011-2012 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 Rules Committee

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2011-A2957 (ACTIVE) - Details

See Senate Version of this Bill:
S1326
Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd ยง332-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1417, S5547
2013-2014: A2960, S428
2015-2016: A3450, S1840
2017-2018: A3045, S4195
2019-2020: A4236, A8994, S4584, S4641
2021-2022: A3149

2011-A2957 (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.

2011-A2957 (ACTIVE) - Bill Text download pdf 

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

                                  2957

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

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
  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,
  (C) THE DEGREE TO WHICH THE OPINION IS SUPPORTED BY CONCRETE EVIDENCE,
AND
  (D) THE PRACTITIONER'S SPECIALTY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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