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Assembly Bill A3045

2017-2018 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 Social Services Committee

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2017-A3045 (ACTIVE) - Details

See Senate Version of this Bill:
S4195
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §332-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1417, S5547
2011-2012: A2957, S1326
2013-2014: A2960, S428
2015-2016: A3450, S1840
2019-2020: A4236, A8994, S4584, S4641
2021-2022: A3149

2017-A3045 (ACTIVE) - Summary

Establishes factors and requirements to be considered when a health care practitioner's opinion differs from that of an applicant's treating health care practitioner as to an applicant's disability.

2017-A3045 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3045
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2017
                                ___________
 
 Introduced by M. of A. HEVESI, GLICK, JAFFEE -- Multi-Sponsored by -- M.
   of  A.  COOK  --  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
 
   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 a new subdivision 4-b to read as follows:
   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.
   § 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
                       [ ] is old law to be omitted.
                                                            LBD05388-01-7

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