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.