assembly Bill A9865

2021-2022 Legislative Session

Enacts the Health Care Nondiscrimination Act of 2021

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Current Bill Status - In Assembly Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 19, 2022 referred to insurance

A9865 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Public Health

A9865 (ACTIVE) - Summary

Enacts the Health Care Nondiscrimination Act.

A9865 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9865
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Insurance
 
 AN ACT to enact the Health Care Nondiscrimination Act of 2021
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Health Care Nondiscrimination Act of 2021".
   §  2.  Legislative findings. All residents should have freedom to seek
 the care, treatment and provider of their choosing with respect to their
 healthcare if treatment of a  health  condition  is  within  a  licensed
 healthcare provider's scope of practice. Given the historic bias against
 nonpharmacological-based  healthcare in New York, it shall be the policy
 of the state to redress this imbalance by removing barriers and  enhanc-
 ing  access  to  such services. First, a health insurance plan or health
 benefit should not discriminate  against  licensed,  nonpharmacological-
 based  healthcare  providers  regarding fee reimbursement or payment for
 the provision of similar or like-kind healthcare  services.  Second,  to
 further  reverse  this  bias  and  promote  the public health, the state
 should promote licensed, nonpharmacological-based healthcare services to
 ensure that the public has full and unfettered access to  the  evidence-
 based  benefits  of  such services, including the treatment of substance
 abuse disorders to combat the opioid crisis. Third, all residents should
 have equal access to nonpharmacological-based  healthcare  alternatives,
 whether  through  self-funded  healthcare plans or plans which are fully
 funded through insurance,  or  other  contracts,  when  making  personal
 healthcare  decisions. Finally, to better ensure compliance and enforce-
 ment, the departments of health, financial  services  and  labor  should
 have  the  ability  to  impose  substantial  fines and penalties against
 insurers, healthcare plans and healthcare organizations that continue to
 deny patients' freedom of choice regarding their healthcare.
   § 3. Definitions. For the purposes of this act,  the  following  terms
 shall have the following meanings:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11882-01-1
 A. 9865                             2