NY State Senate Bill 2023-S6362

Senate Bill S6362

2023-2024 Legislative Session

Relates to including outpatient care provided by creative arts therapists in certain insurance policies

download bill text pdf

Current Bill Status - In Senate Committee Insurance 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to insurance
Apr 18, 2023	referred to insurance

co-Sponsors

2023-S6362 (ACTIVE) - Details

See Assembly Version of this Bill:: A6173
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3216, 3221 & 4303, Ins L

2023-S6362 (ACTIVE) - Summary

Relates to including outpatient care provided by creative arts therapists in certain insurance policies covering care for other mental health services.

2023-S6362 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6362

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the insurance law, in relation to including outpatient
care provided by creative arts therapists in certain insurance policies

 
PURPOSE:

Relates to including outpatient care provided by creative arts thera-
pists in certain insurance policies

 
SUMMARY OF PROVISIONS:

Section 1 will amend item (ii) of subparagraph (A) of paragraph 35 of
subsection (i) of section 3216 of the insurance law, as amended by chap-
ter 62 of the laws of 2023 provides, where the policy provides for
physician services, such policy shall include benefits for outpatient
care provided by creative arts therapist.

Section 2 will amend subparagraph (A) of paragraph 4 of subsection (1)

of section 3221 of the insurance law, as amended by chapter 62 of the
laws of 2023, to provide that every insurer delivering a group policy of
issuing a group policy for delivery, in this state, that provides
reimbursement for psychiatric or psychological services or for the diag-
nosis and treatment of mental health conditions, however defined in such
policy, by physicians, psychiatrists or psychologists, that provide the
same coverage to insured for such services when performed by a creative
arts therapist.

Section 3 will amend item (ii) of subparagraph of paragraph 5 of
subsection (1) of section 3221 of the insurance law, as amended by chap-
ter 62 of the law of 2023, to provide where a policy provides coverage
for physician services, it shall include benefits for outpatient care
provided by a creative arts therapist.

Section 4 will amend paragraph 2 of subsection (g) of section 4303 of
the insurance law, as amended by chapter 62 of the laws of 2023, to
provide where a contract provides coverage for physician services such
contract shall provide benefits for outpatient care provided by a crea-
tive arts therapist.

Section 5 will amend subsection (n) of section 4303 of the insurance
law, as amended by chapter 62 of the laws of 2023, to provide every
health service or medical expense indemnity corporation issuing a group
contract pursuant to this section of a group remittance contract for
delivery in this state which contract provides reimbursement to
subscribers or physicians, psychiatrists or psychologists for psychiat-
ric or psychological services of for the diagnosis and treatment of
mental health conditions, however defined in such contract, must provide
the same coverage under the group contract for such services when
performed by a creative arts therapist.

Section 6 is the effect

 
JUSTIFICATION:


This bill is an expansion to Chapter 62 of the laws of 2023 and would
require insurers to reimburse creative arts therapists licensed under
article 163 of the education law in addition to psychiatrists and
psychologists. This change will continue to serve the intent of
Timothy's Law by making needed mental health services available to more
patients. It will benefit rural areas especially, where a patient may
have limited access to a psychiatrist or psychologist.  This amendment
will ensure that a patient is not denied mental health services because
the currently enumerated providers are located too far from the
patient's home, or the patient is unable to afford the out of pocket
expense of a mental health practitioner. In addition, this bill would
amplify patient choice by increasing the variety and number of reimburs-
able providers available to treat mental health disorders.

 
LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6362 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6362
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen.  BROUK  -- 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  including  outpatient
   care  provided  by creative arts therapists in certain insurance poli-
   cies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Item (ii) of subparagraph (A) of paragraph 35 of subsection
 (i)  of  section  3216 of the insurance law, as amended by chapter 62 of
 the laws of 2023, is amended to read as follows:
   (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 within the lawful scope of his or  her  practice,
 who is licensed pursuant to article one hundred fifty-four of the educa-
 tion  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 practitioner
 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 THERA-
 PIST, 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 chapter 62 of the laws of  2023,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10142-01-3

 S. 6362                             2
 
 health  conditions,  however  defined  in  such  policy,  by physicians,
 psychiatrists or psychologists,  shall  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  and
 mental  health counselors, marriage and family therapists, 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  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, noth-
 ing herein shall be construed to create a new mandated health benefit.
   § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (l) of
 section 3221 of the insurance law, as amended by chapter 62 of the  laws
 of 2023, 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 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  practitioner
 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.
   § 4. Paragraph 2 of subsection (g) of section 4303  of  the  insurance
 law, as amended by chapter 62 of the laws of 2023, 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
 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  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  THERA-
 PIST,  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.  Subsection (n) of section 4303 of the insurance law, as amended
 by chapter 62 of the laws of 2023, is amended to read as follows:
   (n) Every health service  or  medical  expense  indemnity  corporation
 issuing  a group contract pursuant to this section or a group remittance
 contract for delivery in this state which contract  provides  reimburse-
 ment  to  subscribers  or physicians, psychiatrists or psychologists for
 psychiatric or psychological services or for the diagnosis and treatment
 S. 6362                             3
 
 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  article  one  hundred  fifty-four  of the education law and a mental
 health counselor, marriage and family therapist,  CREATIVE  ARTS  THERA-
 PIST,  or  psychoanalyst licensed pursuant to article one hundred sixty-
 three of the education law. 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. 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 counselors,  marriage  and
 family therapists, CREATIVE ARTS THERAPISTS, or psychoanalysts qualified
 for reimbursement under this subsection.
   §  6.  This  act  shall take effect immediately and shall apply to all
 policies and contracts issued, renewed, modified, altered or amended  on
 or after such effective date.

Comments

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lholt

5 months ago

Many behavioral health out-patient clients may lose virtual supports if licensed creative arts therapists are excluded from certain insurance companies coverage.
Their mental health could deteriorate rapidly.
Please support
Thank you
Linden

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Senate Bill S6362

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Sponsored By

Samra G. Brouk

Current Bill Status - In Senate Committee Insurance Committee

co-Sponsors

Kevin S. Parker

Gustavo Rivera

James Skoufis

Lea Webb

2023-S6362 (ACTIVE) - Details

2023-S6362 (ACTIVE) - Summary

2023-S6362 (ACTIVE) - Sponsor Memo

2023-S6362 (ACTIVE) - Bill Text download pdf

Comments