S T A T E O F N E W Y O R K
________________________________________________________________________
7211
2023-2024 Regular Sessions
I N A S S E M B L Y
May 15, 2023
___________
Introduced by M. of A. CLARK -- read once and referred 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 section 1 of part DDD chapter 56 of the laws of 2022, 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, ostomy and other medical supplies and durable
medical equipment; radiation therapy; chemotherapy; hemodialysis; outpa-
tient 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; ambulance
services; hospice services; emergency, preventive and routine dental
care, including orthodontia but excluding cosmetic surgery; emergency,
preventive and routine vision care, including eyeglasses; speech and
hearing services; inpatient and outpatient mental health, alcohol and
substance [abuse] USE services, including children and family treatment
and support services, children's home and community based services,
assertive community treatment services and residential rehabilitation
for youth services which shall be reimbursed in accordance with the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05830-01-3
A. 7211 2
ambulatory patient group (APG) rate-setting methodology as utilized by
the department of health, the office of addiction services and supports,
or the office of mental health for rate-setting purposes or any such
other fees established pursuant to article forty-three of the mental
hygiene law; and health-related services provided by voluntary foster
care agency health facilities licensed pursuant to article twenty-nine-I
of this chapter[; as defined by the commissioner]. "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 shall
have become a law. Effective immediately, the commissioner of health
shall make regulations and take other actions reasonably necessary to
implement this act on that date.