The New York State Senate

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

                                  2163

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2017
                               ___________

Introduced  by M. of A. BRONSON -- 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
(l)  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.  NOTHING HEREIN SHALL BE
CONSTRUED  TO  MODIFY OR EXPAND THE SCOPE OF PRACTICE OF 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.
  § 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

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

                                                           LBD07860-01-7

A. 2163                             2

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
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.  NOTHING HEREIN
SHALL BE CONSTRUED TO MODIFY OR EXPAND THE SCOPE OF PRACTICE OF 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.
  §  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.