Senate Bill S7881

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

                                  7881

                            I N  S E N A T E

                              May 20, 2016
                               ___________

Introduced  by  Sens. KRUEGER, HANNON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN ACT to amend the public health law and the insurance law, in relation
  to maternal depression screening and referral performed by a  provider
  of pediatric services

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

  Section 1. Legislative intent. The purpose of this act is  to  clarify
that where a maternal depression screening is performed by the pediatric
provider,  the "patient" is the child; no new patient record needs to be
created for the mother as patient; and the pediatric provider is covered
if he or she is in the child's health plan network, regardless of wheth-
er he or she is in the mother's health plan network.  In the traditional
situation where the mother's health care provider is providing a  mater-
nal depression screening, the mother is the patient.
  S  2. Section 4406-f of the public health law, as added by chapter 199
of the laws of 2014, is amended to read as follows:
  S 4406-f.  Maternal  depression  screenings.  To  the  extent  a  plan
provides  coverage  for maternal depression screening, no health mainte-
nance organization subject to this article shall  by  contract,  written
policy  or procedure limit a patient enrollee's direct access to screen-
ing and referral for maternal depression, as defined in subdivision  one
of  section  twenty-five  hundred-k  of this chapter, from a provider of
obstetrical, gynecologic, or pediatric services of her choice;  provided
that:  (A)  the patient enrollee's access to such services, coverage and
choice of provider is otherwise subject to the terms and  conditions  of
the plan under which the patient enrollee is covered; (B) WHERE MATERNAL
DEPRESSION SCREENING OR REFERRAL IS PERFORMED BY A PROVIDER OF PEDIATRIC
SERVICES,  THE CHILD OF THE MOTHER SHALL BE DEEMED TO BE THE PATIENT AND
THE MATERNAL DEPRESSION SCREENING AND REFERRAL SHALL BE DEEMED TO  BE  A
SERVICE  PROVIDED  TO  THE CHILD; AND (C) OTHERWISE, THE MOTHER SHALL BE
DEEMED TO BE THE PATIENT  AND  THE  MATERNAL  DEPRESSION  SCREENING  AND
REFERRAL SHALL BE DEEMED TO BE A SERVICE PROVIDED TO THE MOTHER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15234-01-6
              

S. 7881                             2

  S  3.  Section 3217-g of the insurance law, as added by chapter 199 of
the laws of 2014, is amended to read as follows:
  S  3217-g.  Maternal  depression  screenings.  To  the extent a policy
provides coverage for maternal depression screening, no insurer  subject
to  this  article shall by contract, written policy or procedure limit a
patient insured's direct access to screening and referral  for  maternal
depression,  as  defined  in  subdivision  one  of  section  twenty-five
hundred-k of the public health law,  from  a  provider  of  obstetrical,
gynecologic, or pediatric services of her choice; provided that: (A) the
patient  insured's  access  to  such  services,  coverage  and choice of
provider is otherwise subject to the terms and conditions of the  policy
under   which  the  patient  insured  is  covered;  (B)  WHERE  MATERNAL
DEPRESSION SCREENING OR REFERRAL IS PERFORMED BY A PROVIDER OF PEDIATRIC
SERVICES, THE CHILD OF THE MOTHER SHALL BE DEEMED TO BE THE PATIENT  AND
THE  MATERNAL  DEPRESSION SCREENING AND REFERRAL SHALL BE DEEMED TO BE A
SERVICE PROVIDED TO THE CHILD; AND (C) OTHERWISE, THE  MOTHER  SHALL  BE
DEEMED  TO  BE  THE  PATIENT  AND  THE MATERNAL DEPRESSION SCREENING AND
REFERRAL SHALL BE DEEMED TO BE A SERVICE PROVIDED TO THE MOTHER.
  S 4. Section 4306-f of the insurance law, as added by chapter  199  of
the laws of 2014, is amended to read as follows:
  S  4306-f.  Maternal  depression  screenings. To the extent a contract
provides coverage for  maternal  depression  screening,  no  corporation
subject  to  this article shall by contract, written policy or procedure
limit a patient insured's direct access to screening  and  referral  for
maternal  depression,  as  defined in subdivision one of section twenty-
five hundred-k of the public health law, from a provider of obstetrical,
gynecologic, or pediatric services of her choice; provided that: (A) the
patient insured's access  to  such  services,  coverage  and  choice  of
provider  is  otherwise  subject  to  the  terms  and  conditions of the
contract under which the patient insured is covered; (B) WHERE  MATERNAL
DEPRESSION SCREENING OR REFERRAL IS PERFORMED BY A PROVIDER OF PEDIATRIC
SERVICES,  THE CHILD OF THE MOTHER SHALL BE DEEMED TO BE THE PATIENT AND
THE MATERNAL DEPRESSION SCREENING AND REFERRAL SHALL BE DEEMED TO  BE  A
SERVICE  PROVIDED  TO  THE CHILD; AND (C) OTHERWISE, THE MOTHER SHALL BE
DEEMED TO BE THE PATIENT  AND  THE  MATERNAL  DEPRESSION  SCREENING  AND
REFERRAL SHALL BE DEEMED TO BE A SERVICE PROVIDED TO THE MOTHER.
  S  5. 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  all
policies  and  contracts  issued, renewed, modified, altered, amended or
delivered on or after such date; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.