Bill Text: NY S06362 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to including outpatient care provided by creative arts therapists in certain insurance policies covering care for other mental health services.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-01-03 - REFERRED TO INSURANCE [S06362 Detail]
Download: New_York-2023-S06362-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6362 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. Item (ii) of subparagraph (A) of paragraph 35 of subsection 2 (i) of section 3216 of the insurance law, as amended by chapter 62 of 3 the laws of 2023, is amended to read as follows: 4 (ii) where the policy provides coverage for physician services, such 5 policy shall include benefits for outpatient care provided by a psychia- 6 trist or psychologist licensed to practice in this state, a licensed 7 clinical social worker within the lawful scope of his or her practice, 8 who is licensed pursuant to article one hundred fifty-four of the educa- 9 tion law, a mental health counselor, marriage and family therapist, 10 creative arts therapist, or psychoanalyst licensed pursuant to article 11 one hundred sixty-three of the education law, a nurse practitioner 12 licensed to practice in this state, or a professional corporation or 13 university faculty practice corporation thereof. Nothing herein shall 14 be construed to modify or expand the scope of practice of a mental 15 health counselor, marriage and family therapist, creative arts thera- 16 pist, or psychoanalyst licensed pursuant to article one hundred sixty- 17 three of the education law. Further, nothing herein shall be construed 18 to create a new mandated health benefit. 19 § 2. Subparagraph (A) of paragraph 4 of subsection (l) of section 3221 20 of the insurance law, as amended by chapter 62 of the laws of 2023, is 21 amended to read as follows: 22 (A) Every insurer delivering a group policy or issuing a group policy 23 for delivery, in this state, that provides reimbursement for psychiatric 24 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. LBD10142-01-3S. 6362 2 1 health conditions, however defined in such policy, by physicians, 2 psychiatrists or psychologists, shall provide the same coverage to 3 insureds for such services when performed by a licensed clinical social 4 worker, within the lawful scope of his or her practice, who is licensed 5 pursuant to article one hundred fifty-four of the education law and 6 mental health counselors, marriage and family therapists, creative arts 7 therapists, and psychoanalysts licensed pursuant to article one hundred 8 sixty-three of the education law, within the lawful scope of his or her 9 practice. Nothing herein shall be construed to modify or expand the 10 scope of practice of a mental health counselor, marriage and family 11 therapist, creative arts therapist, or psychoanalyst licensed pursuant 12 to article one hundred sixty-three of the education law. Further, noth- 13 ing herein shall be construed to create a new mandated health benefit. 14 § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (l) of 15 section 3221 of the insurance law, as amended by chapter 62 of the laws 16 of 2023, is amended to read as follows: 17 (ii) where the policy provides coverage for physician services, it 18 shall include benefits for outpatient care provided by a psychiatrist or 19 psychologist licensed to practice in this state, or a mental health 20 counselor, marriage and family therapist, creative arts therapist, or 21 psychoanalyst licensed pursuant to article one hundred sixty-three of 22 the education law, or a licensed clinical social worker within the 23 lawful scope of his or her practice, who is licensed pursuant to article 24 one hundred fifty-four of the education law, a nurse practitioner 25 licensed to practice in this state, or a professional corporation or 26 university faculty practice corporation thereof. Nothing herein shall be 27 construed to modify or expand the scope of practice of a mental health 28 counselor, marriage and family therapist, creative arts therapist, or 29 psychoanalyst licensed pursuant to article one hundred sixty-three of 30 the education law. Further, nothing herein shall be construed to create 31 a new mandated health benefit. 32 § 4. Paragraph 2 of subsection (g) of section 4303 of the insurance 33 law, as amended by chapter 62 of the laws of 2023, is amended to read as 34 follows: 35 (2) where the contract provides coverage for physician services such 36 contract shall provide benefits for outpatient care provided by a 37 psychiatrist or psychologist licensed to practice in this state, or a 38 mental health counselor, marriage and family therapist, creative arts 39 therapist, or psychoanalyst licensed pursuant to article one hundred 40 sixty-three of the education law, or a licensed clinical social worker 41 within the lawful scope of his or her practice, who is licensed pursuant 42 to article one hundred fifty-four of the education law, a nurse practi- 43 tioner licensed to practice in this state, or professional corporation 44 or university faculty practice corporation thereof. Nothing herein shall 45 be construed to modify or expand the scope of practice of a mental 46 health counselor, marriage and family therapist, creative arts thera- 47 pist, or psychoanalyst licensed pursuant to article one hundred sixty- 48 three of the education law. Further, nothing herein shall be construed 49 to create a new mandated health benefit. 50 § 5. Subsection (n) of section 4303 of the insurance law, as amended 51 by chapter 62 of the laws of 2023, is amended to read as follows: 52 (n) Every health service or medical expense indemnity corporation 53 issuing a group contract pursuant to this section or a group remittance 54 contract for delivery in this state which contract provides reimburse- 55 ment to subscribers or physicians, psychiatrists or psychologists for 56 psychiatric or psychological services or for the diagnosis and treatmentS. 6362 3 1 of mental health conditions, however defined in such contract, must 2 provide the same coverage to persons covered under the group contract 3 for such services when performed by a licensed clinical social worker, 4 within the lawful scope of his or her practice, who is licensed pursuant 5 to article one hundred fifty-four of the education law and a mental 6 health counselor, marriage and family therapist, creative arts thera- 7 pist, or psychoanalyst licensed pursuant to article one hundred sixty- 8 three of the education law. Nothing herein shall be construed to modify 9 or expand the scope of practice of a mental health counselor, marriage 10 and family therapist, creative arts therapist, or psychoanalyst licensed 11 pursuant to article one hundred sixty-three of the education law. 12 Further, nothing herein shall be construed to create a new mandated 13 health benefit. The state board for social work shall maintain a list of 14 all licensed clinical social workers qualified for reimbursement under 15 this subsection. The state board for mental health practitioners shall 16 maintain a list of all licensed mental health counselors, marriage and 17 family therapists, creative arts therapists, or psychoanalysts qualified 18 for reimbursement under this subsection. 19 § 6. This act shall take effect immediately and shall apply to all 20 policies and contracts issued, renewed, modified, altered or amended on 21 or after such effective date.
