NY State Senate Bill 2021-S2539B

Senate Bill S2539B

2021-2022 Legislative Session

Relates to coverage of early and periodic screening, diagnosis and treatment under the child health insurance plan to ascertain physical and mental disabilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
May 03, 2021	print number 2539b
May 03, 2021	amend and recommit to finance
Mar 09, 2021	reported and committed to finance
Feb 03, 2021	print number 2539a
Feb 03, 2021	amend and recommit to health
Jan 21, 2021	referred to health

Votes

- Mar 9, 2021 - Health Committee Vote
  S2539B
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 9, 2021
      
      aye (15)
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Oberacker
      
      Rath III
      
      Rivera
      
      Ryan
      
      Salazar
      
      Stec
      
      Thomas

Bill Amendments

Original

B (Active)

2021-S2539 - Details

See Assembly Version of this Bill:: A303
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2510, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S9062, A11106

2021-S2539 - Summary

Provides coverage for eligible children for early and periodic screening, diagnosis and treatment under the child health insurance plan to ascertain physical and mental disabilities.

2021-S2539 - Sponsor Memo

                                
 
BILL NUMBER: S2539

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to coverage of early
and periodic screening, diagnosis and treatment under the child health
insurance plan

 
PURPOSE:

To ensure that children who receive health insurance under the Child
Health Plus (CHP) program have access to necessary "early and periodic
screening, diagnostic, and treatment" (EPSDT) services, especially
relating to children with physical or mental disabilities.

 
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. The same phrase is added later
in the paragraph to ensure that where the Commissioner of Health desig-
nates which mental health and substance use services are included in
CHP, EPSDT are included.

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 recommendations 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), 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 comprehen-
sive 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.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S9062/A11106 Gottfried

 
FISCAL IMPLICATIONS:

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.

2021-S2539 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2539
 
                        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  early
   and periodic screening, diagnosis and treatment 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 services as defined by
 the commissioner in consultation  with  the  superintendent,  BUT  SHALL
 INCLUDE EARLY AND PERIODIC SCREENING, DIAGNOSIS AND TREATMENT FOR ELIGI-
 BLE  CHILDREN  UNDER  THE  AGE OF SIX AND FOR OTHER ELIGIBLE CHILDREN TO
 ASCERTAIN  PHYSICAL  AND  MENTAL  DISABILITIES.  "Covered  health   care
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02901-01-1

 S. 2539                             2
 
 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 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.

co-Sponsors

2021-S2539A - Details

See Assembly Version of this Bill:: A303
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2510, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S9062, A11106

2021-S2539A - Summary

Provides coverage for eligible children for early and periodic screening, diagnosis and treatment under the child health insurance plan to ascertain physical and mental disabilities.

2021-S2539A - Sponsor Memo

                                
 
BILL NUMBER: S2539A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to coverage of early
and periodic screening, diagnosis and treatment 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, diagnostic, and treatment" (EPSDT) services.

 
SUMMARY OF PROVISIONS:

  Section  1  amends Public Health Law section 2510 subdivision 7 to add
"early and periodic screening,  diagnosis  and  treatment  (as  provided
under  medical  assistance  under  title  eleven  of article five of the
social  services  law)"  to  the  definition  of  "covered  health  care

services"  in  the  CHP program. Early and periodic screening, diagnosis
and treatment is also added later in the paragraph to ensure that  where
the  Commissioner of Health designates which mental health and substance
use services are included in CHP, EPSDT services are included.

  Section 2 is the effective date of the first April 1  after  the  bill
becomes  law.  Effective  immediately,  the commissioner of health shall
make recommendations 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), 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 comprehen-
sive 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.

 
PRIOR LEGISLATIVE HISTORY:

2020: S9062

 
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.

2021-S2539A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2539--A
 
                        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  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the public health law, in relation to coverage of early
   and periodic screening, diagnosis and treatment 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 (AS
 PROVIDED UNDER MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF ARTICLE FIVE  OF
 THE  SOCIAL  SERVICES  LAW);  inpatient health care services; laboratory
 tests; diagnostic x-rays; prescription and  non-prescription  drugs  and
 durable  medical  equipment; radiation therapy; chemotherapy; hemodialy-
 sis; 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; emergen-
 cy, preventive and routine vision care, including eyeglasses; speech and
 hearing services; and, inpatient and outpatient mental  health,  alcohol
 and  substance  [abuse]  USE  services as defined by the commissioner in
 consultation with the superintendent, BUT SHALL INCLUDE EARLY AND  PERI-
 ODIC   SCREENING,   DIAGNOSIS  AND  TREATMENT  UNDER  THIS  SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02901-03-1

 S. 2539--A                          2
 
 "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
 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.

co-Sponsors

2021-S2539B (ACTIVE) - Details

See Assembly Version of this Bill:: A303
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2510, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S9062, A11106

2021-S2539B (ACTIVE) - Summary

Provides coverage for eligible children for early and periodic screening, diagnosis and treatment under the child health insurance plan to ascertain physical and mental disabilities.

2021-S2539B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2539B

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to coverage of early
and periodic screening, diagnosis and treatment 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, diagnostic, and treatment" (EPSDT) behavioral health
services.

 
SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law section 2510 subdivision 7 to ensure
that where the Commissioner of Health designates which mental health and
substance use services are included in CHP, the outpatient behavioral

health EPSDT services approved by the Centers for Medicare and Medicaid
Services (CMS) are included.

Section 2 is the effective date of the first April 1 after the bill
becomes law. Effective immediately, the commissioner of health shall
make recommendations 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), a category that captures a
slate of preventive services for all enrollees under age 21. Children
and Family Treatment and Support Services (CFTSS) are a subset of EPSDT
approved by CMS and authorized under New York Mental Hygiene Law. These
outpatient behavioral health services provide vital support to children
and their families in their homes and communities, often preventing the
need for more intensive--and expensive-institutional treatment.

However, the CHP law does not require coverage of the full range of
EPSDT services or the subset of CFTSS. Children and families deserve
access to the most appropriate services regardless of whether they get
their health coverage through Medicaid or CHP. This bill will ensure
that children covered by CHP have the opportunity to receive CFTSS if
they need it.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
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.

2021-S2539B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2539--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2021
                                ___________
 
 Introduced  by Sens. RIVERA, HARCKHAM -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee -- reported favorably from said committee and
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the public health law, in relation to coverage of early
   and periodic screening, diagnosis and treatment 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; 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; emergen-
 cy, preventive and routine vision care, including eyeglasses; speech and
 hearing  services;  and, inpatient and outpatient mental health, alcohol
 and substance [abuse] USE services as defined  by  the  commissioner  in
 consultation  with the superintendent (BUT SHALL INCLUDE EARLY AND PERI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02901-05-1

 S. 2539--B                          2
 
 ODIC SCREENING, DIAGNOSIS AND TREATMENT OUTPATIENT SERVICES APPROVED  BY
 THE  CENTERS  FOR  MEDICARE  AND  MEDICAID SERVICES AND AUTHORIZED UNDER
 ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW).    "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 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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Senate Bill S2539B

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2021-S2539 - Details

2021-S2539 - Summary

2021-S2539 - Sponsor Memo

2021-S2539 - Bill Text download pdf

co-Sponsors

Pete Harckham

2021-S2539A - Details

2021-S2539A - Summary

2021-S2539A - Sponsor Memo

2021-S2539A - Bill Text download pdf

co-Sponsors

Pete Harckham

2021-S2539B (ACTIVE) - Details

2021-S2539B (ACTIVE) - Summary

2021-S2539B (ACTIVE) - Sponsor Memo

2021-S2539B (ACTIVE) - Bill Text download pdf

Comments