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.