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Assembly Bill A8994

2019-2020 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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2019-A8994 (ACTIVE) - Details

See Senate Version of this Bill:
S7207
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
2011-2012: A2957
2013-2014: A2960
2015-2016: A3450
2017-2018: A3045
2021-2022: A3149, S7109

2019-A8994 (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's opinion as to an applicant's disability.

2019-A8994 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8994
 
                           I N  A S S E M B L Y
 
                              January 8, 2020
                                ___________
 
 Introduced  by  M.  of A. HEVESI, GLICK, JAFFEE, BARRON, COLTON, MOSLEY,
   EPSTEIN, BUTTENSCHON, OTIS, SANTABARBARA, SEAWRIGHT -- 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.
                                                            LBD01067-02-0

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