S T A T E O F N E W Y O R K
________________________________________________________________________
252
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Health
AN ACT to amend the social services law, the public health law and the
insurance law, in relation to prohibiting a provider of health care
coverage from requiring providers of behavioral health services to
offer all products offered by the provider of health care coverage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 365-m of the social services law is amended by
adding a new subdivision 6 to read as follows:
6. (A) NO MANAGED CARE PROVIDER UNDER SECTION THREE HUNDRED SIXTY-
FOUR-J OF THIS TITLE SHALL BY CONTRACT OR WRITTEN POLICY OR PROCEDURE,
REQUIRE A BEHAVIORAL HEALTH SERVICES PROVIDER TO PARTICIPATE IN THE
IN-NETWORK PORTION OF ANY PRODUCT OFFERED BY SUCH MANAGED CARE PROVIDER,
OTHER THAN PRODUCTS UNDER SUCH SECTION. BEHAVIORAL HEALTH SERVICES
PROVIDERS SHALL HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPARATE
AGREEMENT THE PRODUCTS OF SUCH MANAGED CARE PROVIDER IN WHICH THE
PROVIDER AGREES TO PARTICIPATE IN THE IN-NETWORK PORTION.
(B) AS USED IN THIS SUBDIVISION, "BEHAVIORAL HEALTH SERVICES" MEANS
INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES PROVIDED BY THOSE
LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT TO BOTH
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
§ 2. Section 2511 of the public health law is amended by adding a new
subdivision 22 to read as follows:
22. (A) NO APPROVED ORGANIZATION SHALL BY CONTRACT OR WRITTEN POLICY
OR PROCEDURE, REQUIRE A BEHAVIORAL HEALTH SERVICES PROVIDER TO PARTIC-
IPATE IN THE IN-NETWORK PORTION OF ANY PRODUCT OFFERED BY SUCH ORGANIZA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00070-01-9
A. 252 2
TION, OTHER THAN PRODUCTS UNDER THIS TITLE. BEHAVIORAL HEALTH SERVICES
PROVIDERS SHALL HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPARATE
AGREEMENT THE PRODUCTS OF SUCH APPROVED ORGANIZATION IN WHICH THE
PROVIDER AGREES TO PARTICIPATE IN THE IN-NETWORK PORTION.
(B) AS USED IN THIS SUBDIVISION, "BEHAVIORAL HEALTH SERVICES" MEANS
INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES PROVIDED BY THOSE
LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT TO BOTH
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THIS CHAPTER, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE MENTAL
HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
§ 3. Section 4406-c of the public health law is amended by adding a
new subdivision 10 to read as follows:
10. (A) NO HEALTH CARE PLAN LICENSED PURSUANT TO THIS ARTICLE SHALL BY
CONTRACT OR WRITTEN POLICY OR PROCEDURE, REQUIRE A BEHAVIORAL HEALTH
SERVICES PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY PROD-
UCT OFFERED BY SUCH PLAN. BEHAVIORAL HEALTH SERVICES PROVIDERS SHALL
HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPARATE AGREEMENT THE
PRODUCTS OF SUCH PLAN IN WHICH THE PROVIDER AGREES TO PARTICIPATE IN THE
IN-NETWORK PORTION.
(B) AS USED IN THIS SUBDIVISION, "BEHAVIORAL HEALTH SERVICES" MEANS
INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES PROVIDED BY THOSE
LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT TO BOTH
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THIS CHAPTER, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE MENTAL
HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
§ 4. Section 3217-b of the insurance law is amended by adding a new
subsection (l) to read as follows:
(L) (1) NO INSURER SUBJECT TO THE PROVISIONS OF THIS ARTICLE SHALL BY
CONTRACT, WRITTEN POLICY OR PROCEDURE, REQUIRE A BEHAVIORAL HEALTH
SERVICES PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY PROD-
UCT OFFERED BY SUCH INSURER. BEHAVIORAL HEALTH SERVICES PROVIDERS SHALL
HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPARATE AGREEMENT THE
PRODUCTS OF SUCH INSURERS IN WHICH THE PROVIDER AGREES TO PARTICIPATE IN
THE IN-NETWORK PORTION.
(2) AS USED IN THIS SUBSECTION, "BEHAVIORAL HEALTH SERVICES" MEANS
INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES PROVIDED BY THOSE
LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT TO BOTH
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
§ 5. Section 4325 of the insurance law is amended by adding a new
subsection (m) to read as follows:
(M) (1) NO CORPORATION ORGANIZED PURSUANT TO THIS ARTICLE SHALL BY
CONTRACT, WRITTEN POLICY OR PROCEDURE, REQUIRE A BEHAVIORAL HEALTH
SERVICES PROVIDER TO PARTICIPATE IN THE IN-NETWORK PORTION OF ANY PROD-
UCT OFFERED BY SUCH CORPORATION. BEHAVIORAL HEALTH SERVICES PROVIDERS
SHALL HAVE THE RIGHT TO SELECT BY EXECUTION OF A SEPARATE AGREEMENT THE
PRODUCTS OF SUCH CORPORATION IN WHICH THE PROVIDER AGREES TO PARTICIPATE
IN THE IN-NETWORK PORTION.
(2) AS USED IN THIS SUBSECTION, "BEHAVIORAL HEALTH SERVICES" MEANS
INPATIENT AND OUTPATIENT BEHAVIORAL HEALTH SERVICES PROVIDED BY THOSE
LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF
THE MENTAL HYGIENE LAW, OR PROGRAMS THAT ARE LICENSED PURSUANT TO BOTH
A. 252 3
ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW, OR CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THE
MENTAL HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
§ 6. This act shall take effect immediately.