NY State Senate Bill S2538

Archive: Last Bill Status - In Senate Committee Health 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 (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 21, 2021	referred to health

Co-Sponsors

S2538 (ACTIVE) - Details

See Assembly Version of this Bill:: A343
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2510, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S9063, A11117

S2538 (ACTIVE) - Summary

Provides for coverage of mental health and alcohol and substance use services under the child health insurance plan.

S2538 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2538

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to coverage of mental
health and alcohol and substance use services under the child health
insurance plan

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that children who receive health insurance under the Child
Health Plus (CHP) program have access to necessary "early and periodic
screening, diagnosis, and treatment" (EPSDT) services, especially relat-
ing to children with physical or mental disabilities and to a full range
of mental health and alcohol and substance use services.

 
SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law section 2510 subdivision 7 to add
"early and periodic screening, diagnosis and treatment for eligible

children under the age of six and for other eligible children to ascer-
tain physical and mental disabilities" to the definition of "covered
health care services" in the CHP program. It also removes the phrase
limiting mental health and substance use coverage to only services "as
defined by the commissioner in consultation with the superintendent."

Section 2 provides for the effective date of the first of April after
the bill becomes law. Effective immediately, the Commissioner of Health
shall make regulations and take other actions reasonably necessary to
implement this act on that date.

 
JUSTIFICATION:

Since 1967, the Federal government has required state Medicaid programs
to include coverage of services under the umbrella of Early and Periodic
Screening, Diagnostic, and Treatment (EPSDT) services, a category that
captures a slate of preventive services for all enrollees under age 21.
The broad scope of this benefit entitles Medicaid-eligible children to
comprehensive health care and age-appropriate screenings and services
throughout their early life. However, the CHP law does not require the
full range of EPSDT services. A variety of behavioral health individual
and family treatment and support services that are available through
Medicaid are not covered by CHP because current law gives the Commis-
sioner of Health and the Superintendent of the Department of Financial
Services the authority to limit mental health and substance use
services. This outdated limitation violates the principle of parity for
coverage of these services.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S9063/A11117 Gottfried

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined. Since the Federal government pays for 76.5% of New
York's CHP expenditures, adding these services to CHP will cost even
less state share than including them in Medicaid costs.

 
EFFECTIVE DATE:
This act shall take effect on the first day of April after it becomes a
law.

S2538 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2538
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to coverage of mental
   health and alcohol and substance use services under the  child  health
   insurance plan

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section 2510 of the public health law,  as
 amended  by  chapter  428  of  the  laws  of 2013, is amended to read as
 follows:
   7. "Covered health care services" means: the services  of  physicians,
 optometrists,  nurses,  nurse  practitioners, midwives and other related
 professional personnel  which  are  provided  on  an  outpatient  basis,
 including  routine well-child visits; diagnosis and treatment of illness
 and injury; EARLY AND PERIODIC SCREENING, DIAGNOSIS  AND  TREATMENT  FOR
 ELIGIBLE  CHILDREN  UNDER THE AGE OF SIX AND FOR OTHER ELIGIBLE CHILDREN
 TO ASCERTAIN PHYSICAL AND MENTAL  DISABILITIES;  inpatient  health  care
 services;  laboratory  tests;  diagnostic  x-rays; prescription and non-
 prescription drugs and durable  medical  equipment;  radiation  therapy;
 chemotherapy;  hemodialysis;  outpatient  blood clotting factor products
 and other treatments and services furnished in connection with the  care
 of  hemophilia  and other blood clotting protein deficiencies; emergency
 room services;  hospice  services;  emergency,  preventive  and  routine
 dental  care,  including  medically  necessary orthodontia but excluding
 cosmetic surgery; emergency, preventive and routine vision care, includ-
 ing eyeglasses; speech and hearing services; and, inpatient  and  outpa-
 tient  mental  health,  alcohol  and  substance [abuse] USE services [as
 defined by the commissioner in consultation  with  the  superintendent].
 "Covered  health  care services" shall not include drugs, procedures and
 supplies for the treatment of erectile dysfunction when provided to,  or
 prescribed  for  use  by,  a person who is required to register as a sex
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02905-01-1

 S. 2538                             2
 
 offender pursuant to article six-C of the correction law, provided  that
 any  denial  of  coverage  of  such  drugs, procedures or supplies shall
 provide the patient with the means of obtaining  additional  information
 concerning both the denial and the means of challenging such denial.
   § 2. This act shall take effect on the first of April after it becomes
 a  law.    Effective  immediately, the commissioner of health shall make
 regulations and take other actions  reasonably  necessary  to  implement
 this act on that date.

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The New York State Senate

senate Bill S2538

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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Co-Sponsors

S2538 (ACTIVE) - Details

S2538 (ACTIVE) - Summary

S2538 (ACTIVE) - Sponsor Memo

S2538 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2538

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

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Actions

Co-Sponsors

James Gaughran

Michelle Hinchey

S2538 (ACTIVE) - Details

S2538 (ACTIVE) - Summary

S2538 (ACTIVE) - Sponsor Memo

S2538 (ACTIVE) - Bill Text download pdf

Comments