assembly Bill A3276

2021-2022 Legislative Session

Relates to prohibiting the application of fail-first or step therapy protocols to coverage for the diagnosis and treatment of mental health conditions

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Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2022 returned to assembly
passed senate
3rd reading cal.764
substituted for s5909
Apr 05, 2022 referred to insurance
delivered to senate
passed assembly
Jan 20, 2022 advanced to third reading cal.293
reported
Jan 05, 2022 referred to insurance
Jan 22, 2021 referred to insurance

Co-Sponsors

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A3276 (ACTIVE) - Details

See Senate Version of this Bill:
S5909
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in 2019-2020 Legislative Session:
A11145

A3276 (ACTIVE) - Summary

Prohibits the application of fail-first or step therapy protocols to coverage for the diagnosis and treatment of mental health conditions.

A3276 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3276
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law, in relation to prohibiting the appli-
   cation of fail-first or step therapy protocols  to  coverage  for  the
   diagnosis and treatment of mental health conditions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraphs  (A),  (C)  and  (E)  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:
   (A)  Every  policy delivered or issued for delivery in this state that
 provides coverage for inpatient hospital care or coverage for  physician
 services  shall  provide  coverage  for  the  diagnosis and treatment of
 mental health conditions as follows:
   (i) where the policy provides coverage for  inpatient  hospital  care,
 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 simi-
 larly licensed or certified hospitals or facilities; and
   (ii) where the policy provides coverage for physician services,  bene-
 fits  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  subparagraph (D) of paragraph four of
 subsection (1) of section three thousand two hundred twenty-one of  this
 article,  a  nurse practitioner licensed to practice in this state, or a
 professional corporation  or  university  faculty  practice  corporation
 thereof, INCLUDING OUTPATIENT DRUG COVERAGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.