S T A T E O F N E W Y O R K
________________________________________________________________________
1001
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. BROUK, FERNANDEZ, PARKER, RIVERA, SKOUFIS, WEBB --
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] SUCH
LICENSED CLINICAL SOCIAL WORKER'S 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 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.
§ 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00410-01-5
S. 1001 2
(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 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] SUCH LICENSED CLINICAL
SOCIAL WORKER'S 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 psychoana-
lysts licensed pursuant to article one hundred sixty-three of the educa-
tion law, within the lawful scope of [his or her] SUCH MENTAL HEALTH
COUNSELOR'S, MARRIAGE AND/OR FAMILY THERAPIST'S, CREATIVE ARTS THERA-
PIST'S, OR PSYCHOANALYST'S 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, nothing 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] SUCH LICENSED CLINICAL SOCIAL WORKER'S
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] SUCH LICENSED CLINICAL SOCIAL
WORKER'S practice, who is licensed pursuant to article one hundred
fifty-four of the education law, a nurse practitioner licensed to prac-
tice in this state, or professional corporation or university faculty
practice corporation thereof. 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
S. 1001 3
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
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] SUCH LICENSED CLINICAL SOCIAL
WORKER'S 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 THERAPIST, or psychoanalyst licensed
pursuant to article one hundred sixty-three of the education law. Noth-
ing 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, CREA-
TIVE 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.
