S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3519
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN  ACT  to amend the insurance law, in relation to mandating commercial
   insurance coverage of peer support services as part of  treatment  for
   substance use disorder
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subparagraph (A) of paragraph 31  of  subsection  (i)  of
 section  3216 of the insurance law, as amended by section 6 of subpart A
 of part BB of chapter 57 of the laws of 2019,  is  amended  to  read  as
 follows:
   (A)  Every  policy  that  provides  medical,  major medical or similar
 comprehensive-type coverage shall provide outpatient  coverage  for  the
 diagnosis and treatment of substance use disorder, including detoxifica-
 tion  and  rehabilitation services AND ALSO INCLUDING PEERS CERTIFIED BY
 THE OFFICE OF MENTAL HEALTH AND PEER  SUPPORT  SERVICES  PROVIDED  BY  A
 CERTIFIED  RECOVERY  PEER ADVOCATE AS DEFINED BY THE OFFICE OF ADDICTION
 SERVICES AND SUPPORTS. Such coverage shall not apply financial  require-
 ments  or  treatment  limitations  to  outpatient substance use disorder
 benefits that  are  more  restrictive  than  the  predominant  financial
 requirements  and  treatment  limitations  applied  to substantially all
 medical and surgical benefits covered by the policy.
   § 2. Subparagraph (A) of paragraph 7 of subsection (l) of section 3221
 of the insurance law, as amended by section 16 of subpart A of  part  BB
 of chapter 57 of the laws of 2019, is amended to read as follows:
   (A)  Every  policy  that  provides  medical,  major medical or similar
 comprehensive-type coverage shall provide outpatient  coverage  for  the
 diagnosis and treatment of substance use disorder, including detoxifica-
 tion  and  rehabilitation services AND ALSO INCLUDING PEERS CERTIFIED BY
 THE OFFICE OF MENTAL HEALTH AND PEER  SUPPORT  SERVICES  PROVIDED  BY  A
 CERTIFIED  RECOVERY  PEER ADVOCATE AS DEFINED BY THE OFFICE OF ADDICTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01263-02-3
              
             
                          
                 S. 3519                             2
 
 SERVICES AND SUPPORTS. Such coverage shall not apply financial  require-
 ments  or  treatment  limitations  to  outpatient substance use disorder
 benefits that  are  more  restrictive  than  the  predominant  financial
 requirements  and  treatment  limitations  applied  to substantially all
 medical and surgical benefits covered by the policy.
   § 3. Paragraph 1 of subsection (l) of section 4303  of  the  insurance
 law,  as  amended by section 27 of subpart A of part BB of chapter 57 of
 the laws of 2019, is amended to read as follows:
   (1) Every contract that provides medical,  major  medical  or  similar
 comprehensive-type  coverage  shall  provide outpatient coverage for the
 diagnosis and treatment of substance use disorder, including detoxifica-
 tion and rehabilitation services AND ALSO INCLUDING PEERS  CERTIFIED  BY
 THE  OFFICE  OF  MENTAL  HEALTH  AND PEER SUPPORT SERVICES PROVIDED BY A
 CERTIFIED RECOVERY PEER ADVOCATE AS DEFINED BY THE OFFICE  OF  ADDICTION
 SERVICES  AND SUPPORTS. Such coverage shall not apply financial require-
 ments or treatment limitations  to  outpatient  substance  use  disorder
 benefits  that  are  more  restrictive  than  the  predominant financial
 requirements and treatment  limitations  applied  to  substantially  all
 medical and surgical benefits covered by the contract.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.