The New York State Senate

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

                                  2901

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 30, 2019
                               ___________

Introduced  by Sens. KAPLAN, ORTT -- read twice and ordered printed, and
  when printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation to substance use disorder
  coverage

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

  Section 1. The opening paragraph of subparagraph (A) of paragraph 5 of
subsection (1) of section 3221 of the insurance law, as amended by chap-
ter 502 of the laws of 2007, is amended to read as follows:
  Every insurer delivering a group or school blanket policy or issuing a
group  or  school  blanket  policy  for  delivery,  in this state, which
provides coverage for inpatient hospital care or coverage for  physician
services  shall  provide as part of such policy broad-based coverage for
the diagnosis and treatment  of  mental,  nervous  [or],  emotional,  OR
SUBSTANCE  USE disorders or ailments, however defined in such policy, at
least equal to the coverage provided for other health conditions and:
  § 2. The opening paragraph of subsection (g) of section  4303  of  the
insurance law, as amended by chapter 502 of the laws of 2007, is amended
to read as follows:
  A  hospital service corporation or a health service corporation, which
provides group, group remittance or school blanket  coverage  for  inpa-
tient  hospital  care, shall provide as part of its contract broad-based
coverage for the  diagnosis  and  treatment  of  mental,  nervous  [or],
emotional,  OR  SUBSTANCE  USE disorders or ailments, however defined in
such contract, at least equal to the coverage provided for other  health
conditions and shall include:
  §  3.  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-

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

                                                           LBD01624-01-9

S. 2901                             2

age for physician services, shall provide as part of its contract broad-
based coverage for the diagnosis and treatment of mental, nervous  [or],
emotional,  OR  SUBSTANCE  USE disorders or ailments, however defined in
such  contract, at 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,  a
licensed clinical social worker who meets the requirements of subsection
(n) of this section, or a professional corporation or university faculty
practice  corporation thereof, which benefits 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  superinten-
dent  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  subpara-
graph  (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 corporations or by a health service
corporation and a medical expense indemnity 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.
  § 4. Paragraph 4 of subsection (i) of section 3216  of  the  insurance
law is amended to read as follows:
  (4)  If a policy provides for reimbursement for psychiatric or psycho-
logical services or for diagnosis and treatment of mental, nervous, [or]
emotional, OR SUBSTANCE USE disorders or ailments,  however  defined  in
the  policy,  the  insured  shall  be entitled to reimbursement for such
services, diagnosis or  treatment  whether  performed  by  a  physician,
psychiatrist  or  a  certified  and  registered  psychologist,  when the
services rendered are within the lawful scope of their practice.
  § 5. 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 all
policies and contracts issued, renewed, modified, altered or amended  on
or after such date.