The New York State Senate

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

                                   978

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. KELLNER -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance  law,  in  relation  to  health  insurance
  coverage of outpatient care provided by a mental health practitioner

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

  Section 1. Item (ii) of subparagraph (A) 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:
  (ii) where the policy provides coverage  for  physician  services,  it
shall include benefits for outpatient care provided by a psychiatrist or
psychologist  licensed  to  practice  in this state,  OR A MENTAL HEALTH
COUNSELOR, MARRIAGE AND FAMILY THERAPIST,  CREATIVE  ARTS  THERAPIST  OR
PSYCHOANALYST  LICENSED  PURSUANT  TO ARTICLE ONE HUNDRED SIXTY-THREE OF
THE EDUCATION LAW, OR a licensed clinical social worker  who  meets  the
requirements  of  subparagraph (D) of paragraph four of this subsection,
or a professional corporation or university faculty practice corporation
thereof. Such benefits may be limited to not less than twenty visits  in
any contract year, plan year, or calendar year.
  S  2.  Paragraph  1 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:
  (1) A medical expense indemnity corporation or a health service corpo-
ration,  which provides group, group remittance or school blanket cover-
age for physician services, shall provide as part of its contract broad-
based coverage for the diagnosis and treatment  of  mental,  nervous  or
emotional  disorders  or  ailments, however defined in such contract, at
least equal to the coverage provided for  other  health  conditions  and
shall  include:  benefits for outpatient care provided by a psychiatrist
or psychologist licensed to practice in this state, OR A  MENTAL  HEALTH

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

                                                           LBD02162-01-3

A. 978                              2

COUNSELOR,  MARRIAGE  AND  FAMILY  THERAPIST, CREATIVE ARTS THERAPIST OR
PSYCHOANALYST LICENSED PURSUANT TO ARTICLE ONE  HUNDRED  SIXTY-THREE  OF
THE  EDUCATION  LAW,  OR a licensed clinical social worker who meets the
requirements of subsection (n) of this section, or a professional corpo-
ration  or  university faculty practice corporation thereof, which bene-
fits may be limited to not less than twenty visits in any contract year,
plan year or calendar year. Such coverage may be provided on a  contract
year,  plan year or calendar year basis and shall be consistent with the
provision of other benefits under the contract.  Such  coverage  may  be
subject  to annual deductibles, co-pays and coinsurance as may be deemed
appropriate by the superintendent and shall  be  consistent  with  those
imposed  on  other  benefits  under the contract. In the event the group
remittance group or contract holder is provided coverage provided  under
this paragraph and under subparagraph (B) of paragraph one of subsection
(g) of this section from the same health service corporation, or under a
contract  which  is  jointly  underwritten  by two health service corpo-
rations or by a health service corporation and a medical expense  indem-
nity  corporation,  the  aggregate  of the benefits for out-patient care
obtained under subparagraph (B) of paragraph one of  subsection  (g)  of
this  section  and this paragraph may be limited to not less than twenty
visits in any contract year, plan year or calendar year.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
policies and contracts issued, renewed, modified, altered or amended  on
or after such effective date.