Bill Text: NY A03149 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes factors and requirements to be considered when a health care practitioner's opinion differs from that of an applicant's treating health care practitioner's opinion as to an applicant's disability.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Vetoed) 2021-11-03 - tabled [A03149 Detail]

Download: New_York-2021-A03149-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3149

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by M. of A. HEVESI, GLICK, BARRON, COLTON, EPSTEIN, BUTTENS-
          CHON, OTIS, SANTABARBARA, SEAWRIGHT, REYES, GOTTFRIED  --  Multi-Spon-
          sored  by  -- M. of A. COOK -- read once and referred to the Committee
          on Economic Development

        AN ACT to amend the social services law,  in  relation  to  establishing
          factors  to  be considered when a health care practitioner  upon exam-
          ination has a different opinion from an  applicant's  treating  health
          care practitioner's opinion as to an applicant's disability

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 332-b of the social  services  law  is  amended  by
     2  adding a new subdivision 4-b to read as follows:
     3    4-b.  In the event the practitioner to whom the individual is referred
     4  pursuant to subdivision four or paragraph (b) of subdivision two of this
     5  section issues an opinion that differs  from  the  applicant's  treating
     6  health care practitioner's opinion, the applicant's treating health care
     7  practitioner's  opinion  is  generally  controlling, subject to, but not
     8  limited to, the following factors:
     9    (a) the length and frequency of the treatment provided,
    10    (b) consistency of the opinion with the record as a whole,
    11    (c) the degree to which the opinion is supported by concrete evidence,
    12  and
    13    (d) the practitioner's specialty.
    14    § 2. This act shall take effect on the ninetieth day  after  it  shall
    15  have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01678-01-1