The New York State Senate

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

                                 670--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M. of A. BRONSON, WALLACE, BUTTENSCHON, ROZIC, SANTABAR-
  BARA, LUPARDO, RYAN, HUNTER, GUNTHER, STECK,  ROMEO,  STIRPE,  LIFTON,
  JONES,  McDONALD,  MAGNARELLI, BURKE, FAHY, McMAHON, BARRETT, WOERNER,
  ORTIZ, WEPRIN -- read once and referred to the Committee on  Insurance
  --  reported  and  referred  to the Committee on Codes -- reported and
  referred to the Committee on Ways and Means --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the insurance  law,  in  relation  to  health  insurance
  coverage  of  outpatient care provided by a mental health practitioner
  and a clinical social worker; and to repeal certain provisions of such
  law relating thereto

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

  Section  1.  Items (i) and (ii) of subparagraph (A) of paragraph 35 of
subsection (i) of section 3216 of the insurance law, as added by section
8 of subpart A of part BB of chapter 57 of the laws of 2019, are amended
to read as follows:
  (i) where the policy provides coverage for  inpatient  hospital  care,
SUCH  POLICY  SHALL INCLUDE benefits for inpatient care in a hospital as
defined by subdivision ten of section 1.03 of the mental hygiene law and
benefits for outpatient care provided in a facility issued an  operating
certificate  by  the  commissioner  of  mental  health  pursuant  to the
provisions of article thirty-one of the mental  hygiene  law,  or  in  a
facility  operated by the office of mental health, or, for care provided
in other states, to similarly licensed or certified hospitals or facili-
ties; and
  (ii) where the policy provides coverage for physician  services,  SUCH
POLICY SHALL INCLUDE benefits for outpatient care provided by a psychia-
trist  or  psychologist  licensed  to practice in this state, a licensed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04132-07-9

A. 670--A                           2

clinical social worker [who meets the requirements of  subparagraph  (D)
of  paragraph  four  of  subsection  (1)  of  section three thousand two
hundred twenty-one of this article,] WITHIN THE LAWFUL SCOPE OF  HIS  OR
HER PRACTICE, WHO IS LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR
OF  THE  EDUCATION  LAW,  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,  a  nurse  practi-
tioner licensed to practice in this state, or a professional corporation
or  university  faculty  practice  corporation thereof.   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. Subparagraph (A) of paragraph 4 of subsection (l) of section 3221
of the insurance law, as amended by section 11 of subpart A of  part  BB
of chapter 57 of the laws of 2019, is amended to read as follows:
  (A)  Every insurer delivering a group policy or issuing a group policy
for delivery, in this state, that provides reimbursement for psychiatric
or psychological services or for the diagnosis and treatment  of  mental
health  conditions,  however  defined  in  such  policy,  by physicians,
psychiatrists or psychologists, shall [make available and  if  requested
by  the  policyholder]  provide  the  same coverage to insureds for such
services when performed by a licensed clinical social worker, within the
lawful scope of his or her practice, who is licensed pursuant to article
one hundred fifty-four of the education  law[.  Written  notice  of  the
availability  of  such  coverage  shall be delivered to the policyholder
prior to inception of such group policy and annually thereafter,  except
that this notice shall not be required where a policy covers two hundred
or  more  employees  or  where  the benefit structure was the subject of
collective bargaining affecting persons who are employed  in  more  than
one  state.]  AND  MENTAL  HEALTH COUNSELORS, MARRIAGE AND FAMILY THERA-
PISTS, CREATIVE ARTS THERAPISTS AND PSYCHOANALYSTS LICENSED PURSUANT  TO
ARTICLE  ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW, WITHIN THE LAWFUL
SCOPE OF HIS OR HER PRACTICE. NOTHING HEREIN SHALL BE CONSTRUED TO MODI-
FY 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. Subparagraph (D) of paragraph 4 of subsection (l) of section 3221
of  the  insurance law, as amended by section 12 of subpart A of part BB
of chapter 57 of the laws of 2019, is REPEALED.
  § 4. Item (ii) of subparagraph (A) of paragraph 5 of subsection (l) of
section 3221 of the insurance law, as amended by section 13 of subpart A
of part BB of chapter 57 of the laws of 2019,  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]
WITHIN THE LAWFUL SCOPE OF HIS OR HER PRACTICE, WHO IS LICENSED PURSUANT
TO  ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW, a nurse practi-
tioner licensed to practice in this state, or a professional corporation
or university faculty practice corporation thereof. NOTHING HEREIN SHALL

A. 670--A                           3

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.
  §  5.  Paragraph  2 of subsection (g) of section 4303 of the insurance
law, as added by section 22 of subpart A of part BB of chapter 57 of the
laws of 2019, is amended to read as follows:
  (2) where the contract provides coverage for physician  services  SUCH
CONTRACT  SHALL  PROVIDE  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]  WITHIN
THE  LAWFUL  SCOPE  OF  HIS OR HER PRACTICE, WHO IS LICENSED PURSUANT TO
ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW, a nurse practition-
er licensed to practice [on] IN this state, or professional  corporation
or university faculty practice corporation thereof. 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.
  § 6. Subsection (i) of section 4303 of the insurance law,  as  amended
by section 25 of subpart A of part BB of chapter 57 of the laws of 2019,
is REPEALED.
  §  7.  Subsection (n) of section 4303 of the insurance law, as amended
by section 30 of subpart A of part BB of chapter 57 of the laws of 2019,
is amended to read as follows:
  (n) [In addition  to  the  requirements  of  subsection  (i)  of  this
section, every] EVERY health service or medical expense indemnity corpo-
ration  issuing  a  group  contract  pursuant to this section or a group
remittance contract for delivery in this state which  contract  provides
reimbursement  to  subscribers  or physicians, psychiatrists or psychol-
ogists for psychiatric or psychological services or  for  the  diagnosis
and  treatment  of  mental  health  conditions,  however defined in such
contract, must provide the same coverage to persons  covered  under  the
group  contract  for such services when performed by a licensed clinical
social worker, within the lawful scope of his or her  practice,  who  is
licensed  pursuant  to  [subdivision two of section seven thousand seven
hundred four of the education law and in addition shall have either  (i)
three  or  more  additional years experience in psychotherapy, which for
the purposes of this subsection shall mean the use of verbal methods  in
interpersonal  relationships  with  the  intent of assisting a person or
persons to modify  attitudes  and  behavior  which  are  intellectually,
socially  or emotionally maladaptive, under supervision, satisfactory to
the state board for social work, in a facility, licensed or incorporated
by an appropriate governmental department, providing services for  diag-
nosis  or  treatment  of mental health conditions, or (ii) three or more
additional years experience  in  psychotherapy  under  the  supervision,
satisfactory  to  the  state board for social work, of a psychiatrist, a
licensed and registered psychologist or a licensed clinical social work-
er qualified for  reimbursement  pursuant  to  subsection  (i)  of  this
section,  or  (iii)  a  combination of the experience specified in para-
graphs (i) and (ii) totaling three  years,  satisfactory  to  the  state
board  for social work.] ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION
LAW AND A MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST,  CREA-

A. 670--A                           4

TIVE  ARTS  THERAPIST  OR PSYCHOANALYST LICENSED PURSUANT TO ARTICLE ONE
HUNDRED SIXTY-THREE OF  THE  EDUCATION  LAW.  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. The state board for social work shall maintain a list
of  all  licensed  clinical  social  workers qualified for reimbursement
under this subsection. THE STATE BOARD FOR MENTAL  HEALTH  PRACTITIONERS
SHALL MAINTAIN A LIST OF ALL LICENSED MENTAL HEALTH COUNSELORS, MARRIAGE
AND FAMILY THERAPISTS, CREATIVE ARTS THERAPISTS OR PSYCHOANALYSTS QUALI-
FIED FOR REIMBURSEMENT UNDER THIS SUBSECTION.
  §  8. This act shall take effect on the first of January next succeed-
ing the date upon 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; provided, however, that:
  (a) if section 8 of subpart A of part BB of chapter 57 of the laws  of
2019 shall not have taken effect on or before such date then section one
of  this  act shall take effect on the same date and in the  same manner
as such chapter of the laws of 2019 takes effect;
  (b) if section 11 of subpart A of part BB of chapter 57 of the laws of
2019 shall not have taken effect on or before such date then section two
of this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2019 takes effect;
  (c) if section 13 of subpart A of part BB of chapter 57 of the laws of
2019 shall not have taken effect on or before  such  date  then  section
four  of  this  act  shall  take effect on the same date and in the same
manner as such chapter of the laws of 2019 takes effect;
  (d) if section 22 of subpart A of part BB of chapter 57 of the laws of
2019 shall not have taken effect on or before  such  date  then  section
five  of  this  act  shall  take effect on the same date and in the same
manner as such chapter of the laws of 2019 takes effect; and
  (e) if section 30 of subpart A of part BB of chapter 57 of the laws of
2019 shall not have taken effect on or before  such  date  then  section
seven  of  this  act  shall take effect on the same date and in the same
manner as such chapter of the laws of 2019 takes effect.