S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6574--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 6, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  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, item (i) as amended
 by section 12 of part AA of chapter 57 of the laws of 2021 and item (ii)
 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 in a crisis
 stabilization center licensed pursuant to section 36.01  of  the  mental
 hygiene  law,  or,  for  care  provided  in  other  states, to similarly
 licensed or certified hospitals or facilities; 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05221-03-1

 S. 6574--A                          2
 
 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. FURTHER, NOTHING HEREIN SHALL BE CONSTRUED TO CREATE
 A NEW MANDATED HEALTH BENEFIT.
   § 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. FURTHER, NOTHING HEREIN SHALL BE CONSTRUED TO CREATE A NEW MANDATED
 HEALTH BENEFIT.
   § 3. Subparagraph (D) of paragraph 4 of subsection (l) of section 3221
 of the insurance law 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
 BE  CONSTRUED  TO  MODIFY  OR  EXPAND  THE SCOPE OF PRACTICE OF A MENTAL
 HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST, CREATIVE ARTS THERAPIST

 S. 6574--A                          3
 
 OR PSYCHOANALYST LICENSED PURSUANT TO ARTICLE ONE HUNDRED SIXTY-THREE OF
 THE EDUCATION LAW. FURTHER, NOTHING HEREIN SHALL BE CONSTRUED TO  CREATE
 A NEW MANDATED HEALTH BENEFIT.
   §  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. FURTHER, NOTHING HEREIN SHALL BE CONSTRUED TO  CREATE
 A NEW MANDATED HEALTH BENEFIT.
   § 6. Subsection (i) of section 4303 of the insurance law 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-
 TIVE  ARTS  THERAPIST  OR PSYCHOANALYST LICENSED PURSUANT TO ARTICLE ONE
 HUNDRED SIXTY-THREE OF  THE  EDUCATION  LAW.  NOTHING  HEREIN  SHALL  BE

 S. 6574--A                          4

 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.  FURTHER, NOTHING HEREIN SHALL BE CONSTRUED TO CREATE
 A  NEW  MANDATED  HEALTH  BENEFIT. 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  COUN-
 SELORS,  MARRIAGE  AND  FAMILY  THERAPISTS,  CREATIVE ARTS THERAPISTS OR
 PSYCHOANALYSTS QUALIFIED 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; provided, however,
 that the amendments made to item (i) of subparagraph (A) of paragraph 35
 of subsection (i) of section 3216 of the insurance law made  by  section
 one  of  this  act  shall  take  effect on the same date and in the same
 manner as part AA of chapter 57 of the laws of 2021  takes  effect;  and
 provided further, shall apply to policies and contracts issued, renewed,
 modified, altered or amended on or after such effective date.