S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3963
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2019
                                ___________
 
 Introduced  by Sens. RIVERA, ORTT -- read twice and ordered printed, and
   when printed to be committed 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-
 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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00070-01-9

 S. 3963                             2

   (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
 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.