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Below is the relevant legislation related to parity that has been introduced during the current or recently adjourned legislative session. State parity legislation passed in any state since 2008 is usually designed to increase compliance with the federal law and to strengthen state laws.

Are we missing any passed or introduced legislation? Let us know at info@paritytrack.org

Introduced Legislation

Regular Session: Convened 1/9/2019
Will adjourn:  1/8/2020
Governor’s Deadline: 2/7/2020

2019-2020

Primary Focus: Medical Management Limitation
Title/Description: Prohibits certain insurance policies from requiring prior authorization for certain medications used in the treatment of substance use disorders
Citation: S4808/ A2904
Introduced: 3/26/2019, 1/28/2019,
Sponsor: Sen. Karchham (D); Assemblyman Quart (D)
Status: Passed Assembly and Senate
Summary: This bill amends repeals the NYS insurance law Paragraph 31-a of subsection (i), Paragraphs 7-a and 7-b of subsection (l), and subsections (l-1) and (l-2) of section 4303 and adds, respectively, a new paragraph 31-a and 7-a and a new subsection 1-1 to prohibit certain insurance policies from requiring prior authorization for initial or renewal prescription for all buprenorphine products, methadone and long acting injectable naltrexone for detoxification or maintenance treatment of substance use disorders.
Notes: n/a

Primary Focus: Compliance: Reporting Requirement
Title/Description: Parity Compliance Reporting Requirement
Citation: S4356/ A6186A
Introduced: 3/8/2019, 2/28/2019
Sponsor: Assemblywoman Gunther (D), Sen. Ortt (R)
Status: Signed into law 8/29/2019
Summary: This bill adds a new section 343 to the NYS Insurance Law to require insurers to submit a report to the Department of Financial Services a biannual report detailing their compliance with state and federal parity laws. Data shall include (by classification for MH, SUD, and medical/surgical services) rates of utilization review, including approval and denials; prior and concurrent authorization requests and number of denials; rates of appeals of adverse determinations and decisions; claims paid for in-network and out-of-network services; number of behavioral health advocates to assist policyholders; and other data related to providers.
Notes: n/a

Primary Focus: Parity: General; Medical Management LImitation; Enforcement: Reporting Requirements; Compliance: Reporting Requirements; Access to Services
Title/Description: NYS 2019-2020 Budget Bill
Citation: S 15077-c/ A2007-c
Introduced: 1/18/2019
Sponsor: Budget
Status: Signed into law
Summary: Among many things, this bill amends NYS insurance law:

  • To codify NYS  parity requirements to be consistent with the Federal Parity Law,
  • To prohibit commercial insurers from imposing prior authorization requirement of formulary forms of MAT,
  • To require plans provide in their annually updated provider directory whether the provider is accepting new patients and the most recent comparative analysis performed by the insurer assessing parity compliance,
  • To allow the Commissioner of Health to review parity compliance and out of network rates as part of reviewing a plan’s network adequacy,
  • To designate the standardized OASAS tool for utilization review for treatment in NYS State,
  • To allow OMH, in consultation with DOH and the superintendent of DFS, to approve of evidence-based and peer-reviewed clinical review criteria to be used for utilization review.

Notes: Part of NYS 2019 Budget Bill

Primary Focus: Mandated Benefit: SUD
Title/Description: Requires insurance and Medicaid coverage for inpatient and outpatient substance abuse treatment for a period of not less than forty-five days
Citation: A3041/ S2529
Introduced: 1/28/2019
Sponsor: Assemblyman Jones (D)/ Sen. Little (R)
Status: Pending
Summary: This bill amends NYS Insurance Law sections 3216, 3221, and 4303 and NYS Social Services Law section 365-a to require certain insurers, including Medicaid, to cover rehabilitation and detoxification services for the treatment of substance use disorders for a period of no less than 45 days.
Notes: N/A

Primary Focus: Medical Management Limitation
Title/Description: Provides that coverage for outpatient diagnosis and treatment of substance use disorder shall not be subject to preauthorization
Citation: S 333
Introduced: 1/9/2019
Sponsor: Sen. Akshar (R)
Status: Pending
Summary: S333 amends NYS Insurance Law sections 3216, 3221, and 4303 to prohibit the application of preauthorization requirements for the outpatient diagnosis and treatment of substance use disorders.
Notes: N/A

Primary Focus: Mandated Benefit: MAT
Title/Description: Relates to mandating insurance coverage for medical devices to treat withdrawal symptoms
Citation: S 1663
Introduced: 1/15/2019
Sponsor: Sen. Brooks (D)
Status: Pending
Summary: S 1663  amends NYS Insurance Law sections 3216, 3221, and 4303 to require qualifying insurers to provide coverage for FDA approved medication and medical devices and products used for the treatment of withdrawal symptoms in the case of a substance use disorder.
Notes: N/A

2017-2018

Primary Focus: Compliance: Reporting requirement; Enforcement: Reporting requirement
Title/Description: An act to amend the insurance law in relation to establishing the Mental Health and Substance Abuse Parity Report Act
Citation: A 3694/S 1156
Introduced: 1/30/2017; 1/6/2017
Sponsor: Assemblywoman Gunther (D); Senator Ortt (R)
Status: Signed into law
Summary: A3694/S1156 amends ISC §210 (a) and (d) to require the Superintendent of Insurance to include in the annual Consumer Guide a “Mental Health Parity Report” that ranks insurers’ and health benefit plans’ compliance with the federal parity law using rates of medical management techniques, mental health and substance use disorder benefit claims, complaints, etc. Insurers and health plans are required to submit to the Department of Insurance the information needed for this report, including comparative analyses of utilization review rates, appeals, cost sharing requirements, verified network adequacy data, etc. Additionally, A3694/S1156 amends ICS §210(c)(2) by adding a requirement that the Consumer Report include the percentage of mental health professionals who are participating providers, the number of claims each type of professional has submitted, and how many professionals have not had submitted any claims.
Notes: N/A

Primary Focus: Mandated Benefit: SUD; Mandated benefit: visit limit
Title/Description: Requires health insurance coverage for substance use disorder treatment services
Citation: A 4721
Introduced: 2/3/2017
Sponsor: Assmb. Giglio (R)
Status: Dead in committee
Summary: A 4721 amends the NY CLS to set the minimum number of days covered for detoxification services to a minimum of 7 days and the minimum for rehabilitation services to a minimum of 30 days. A 4721 amends ISC §3216(i)(30); ICS3216(i)(31)(D); ISC§3221(l)(6); ISC 3221(l)(7)(D); and ISC 4303 (k) by adding new subparagraphs (E), (D), (E), (D), and (3) to require the above of the following insurers that provide inpatient or outpatient coverage for the diagnosis and treatment of substance use disorders, including detoxification and rehabilitation services: Individual accident and health insurance policies (including qualifying insurance providing disability and family leave benefits and non-cancellable disability insurance) that provide hospital, medical, major medical or similar comprehensive coverage; Group or blanket accident and health insurance policies that provide hospital, medical, major medical, or similar comprehensive coverage; and health maintenance organizations and corporations that furnish medical expense indemnity, hospital service, or health service to individuals who become covered under contracts with such corporations or organizations. The bill also requires that a contract providing coverage for SUD shall provide up to 20 outpatient visits per contract or calendar year to an individual who identifies himself as a family member of a person suffering from SUD and who seeks treatment as a family member who is otherwise covered by the applicable contract. Coverage must be provided until the allowable number of family visits is exceeded and that the contract has a provision that provides for such family member coverage.
Notes: N/A

Primary Focus: Mandated benefit: Eating disorders
Title/Description: Requires equitable coverage for adults and children with eating disorders
Citation: S 6045; A 6396
Introduced: 3/10/2017; 3/20/2018
Sponsor: Senator Marchione (R); Assemblywoman Rozic (D)
Status: Passed Assembly; Died in Senate committee
Summary: S6045 and A6396 amend the NY CLS to require equitable coverage for the treatment of eating disorders and defines eating disorders to include those contained in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. Specifically, the bills amend NY CLS ISC§3221(l)(5)(B), ISC §4303(g)(2), and ISC§4303(g)(1) to apply the above to insurers offering or delivering group or school blanket accident and health insurance policies that provide inpatient hospital care or coverage for physician services; hospital service corporations or health service corporations which provide group, group remittance or school blanket coverage for inpatient hospital care; and medical expense indemnity corporations or health service corporations which provide group, group remittance or school blanket coverage for physician services.
Notes: N/A

Primary Focus: Mandated benefit
Title/Description: Relates to coverage for children for services related to the diagnosis and treatment of mental, nervous or emotional disorders or ailments
Citation: A 6465
Introduced: 3/7/2017
Sponsor: Assemblyman Magnarelli (D)
Status: Died in committee
Summary: A6465 amends the NY CLS to require insurers to provide equitable coverage for services provided to children related to the diagnosis and treatment of mental, nervous, or emotional disorders or ailments, including children with serious emotional disturbance, in inpatient psychiatric centers or facilities under the jurisdiction of the Office of Mental Health or maintained by a subdivision of the State.
A6465 amends §3216(i), §3221(l), and §4303(g) to apply the above to every policy that provides individual medical, major medical or similar comprehensive-type coverage; every policy that provides medical, major medical, or similar comprehensive-type group coverage; and every hospital service corporation or health service corporation which provides group, group remittance or school blanket coverage for inpatient hospital care.
Notes: N/A

Primary Focus: Mandated benefit: SUD; Mandated benefit: Length of stay; Medicaid
Title/Description: Requires insurance and Medicaid coverage for inpatient and outpatient substance use disorder treatment for a period of no less than forty-five days
Citation: A 7585/S 6052
Introduced: 5/3/2017; 5/10/2017
Sponsor: Assemblyman Jones (D)/Senator Little (R)
Status: Died in committee
Summary: A7585/ S6052 amends the NY CLS to require equitable coverage of inpatient treatment for substance use disorders, including detoxification and rehabilitation services, for a minimum of 45 days. A7585/ S6052 amends NY CLS INS§3216(i)(30)(A), §3216(i)(31)(A); §3221 (l)(6)(A); §3221(l)(7)(A); §3216(i)(31)(A) and NY SOS §365-a(2)(c) and §365-a(2)(n) to require the above of every policy that provides individual hospital, medical, major medical or similar comprehensive coverage; Every group or blanket accident and health insurance policy that provides hospital, medical, major medical, or similar comprehensive coverage; and medical assistance program plans.
Notes: N/A

Primary Focus: Mandated benefit: MAT; Medical management limitation
Title/Description: Requires coverage for medications to treat Opioid Use Disorder and limits the use of prior authorization and co-insurance imposed upon such benefits
Citation: A 4899/S 7905
Introduced: 2/6/2017; 3/8/2018
Sponsor: Assemblywoman Rosenthal (D); Senator Griffo (R)
Status: Died in committee
Summary: A4899/S7905 amends NY CLS to require insurers to provide coverage for medication and prescription drugs prescribed to treat the substance use disorders of individuals addicted to opioids for the entire period of time the drugs are prescribed for without prior authorization. Coinsurance must be consistent with that imposed upon other benefits within the policy and deemed appropriate by the Superintendent of Insurance. A4899/S7905 amends NY CLS INS§3216(i), §3221, and §4303 to require the above of every policy that provides medical, major medical, or similar comprehensive-type individual coverage; every policy that provides medical, major medical, or similar comprehensive group coverage; and every contract offered by hospital service corporations or health service corporations.
Notes: N/A

Primary Focus: Mandated benefit
Title/Description: Relates to covering mental illness under the Healthy New York program
Citation: S 2679
Introduced: 1/2017
Sponsor: Senator Parker
Status: Died in committee
Summary: This bill amends the NY CLS to require equitable coverage for the diagnosis and treatment of mental, nervous, or emotional disorders or ailments under the Healthy New York program. Specifically, it amends NY INS §3221(l)(5)(A); §3221(l)(5)(B)(i); §3221(l)(5)(D), §4303(g)(1), §4303(g)(2)(A), §4303(g)(4), §4303(h)(1), §4303(h)(2)(A), and §4303(h)(4) to apply the above to insurers, hospital and health service corporations, and medical expense indemnity corporations issuing, delivering, or providing group or individual policies which provide coverage for inpatient hospital care or coverage for physician services to qualifying small employers, individuals, and contract holders.
Notes: N/A

Primary Focus: Mandated Benefit: SUD
Title/Description: Relates to SUD coverage
Citation: S 6663/ A 9079
Introduced: 6/9/2017
Sponsor: Senator Ortt (R)
Status: Passed Senate; Died in Assembly committee
Summary: S 6663 amends the NY CLS to require insurers to provide equitable coverage for substance use disorder diagnosis and treatment services. S 6663 amends NY CLS INS §3221(l)(5)(A); §4303(g), §4303(h)(1), §4303(h)(1), and §3216(i)(4) by applying the above to every insurer, medical expense indemnity corporation, and health or hospital service corporation which delivers, issues, or provides individual, group, group remittance, or school blanket policies for inpatient hospital care or coverage for physician services.
Notes: N/A

Primary Focus: Enforcement; Compliance
Title/Description: Establishing an Ombudsman for Substance Use Disorder Insurance Coverage
Citation: S 8002
Introduced: 3/19/2018
Sponsor: Senator Amedor (R)
Status: Died in committee
Summary: S8002 amends NY CLS MHL §19.07 to order the Office of Alcoholism and Substance Abuse Services to establish an ombudsman for substance use disorder insurance coverage to identify and investigate violations and refer and resolve complaints made by or on behalf of consumers regarding health insurance coverage for substance use disorder treatment.
Notes: N/A

Primary Focus: Medical Management Limitation
Title/Description: Concerns preauthorization for outpatient SUD treatment
Citation: S 8064
Introduced: 3/23/2018
Sponsor: Senator Akshar (R )
Status: Died in committee
Summary: S 8064 amends the NY CLS to prohibit insurers from subjecting outpatient diagnosis and treatment of substance use disorders to preauthorization requirements. S 8064 amends NY CLS INS§3216(i)(31)(A), §3221 (l)(6)(A); and §4303(l)(1) to apply the above to every policy that provides medical, major medical or similar comprehensive-type individual coverage.
Notes: N/A

Primary Focus: Medical Management Limitation
Title/Description: Concerns co-payments for outpatient SUD treatment
Citation: S 8065
Introduced: 3/23/2018
Sponsor: Senator Akshar (R)
Status: Died in committee
Summary: S8065 amends the NY CLS to prohibit insurers from applying co-payments to covered outpatient opioid treatment. S 8065 amends NY CLS INS§3216(i), §3221 (l) and §4303(l)(1) to apply the above to every policy following that provides coverage for outpatient opioid treatment: individual policies or contracts, group policies or contracts; and every contract that provides medical, major medical or similar comprehensive-type coverage.
Notes: N/A

Primary Focus: Mandated benefit: SUD
Title/Description: Requires coverage for treatment of withdrawal
Citation: S 7141
Introduced: 1/3/2018
Sponsor: Senator Brooks (D)
Status: Died in committee
Summary: S7141 amends the NY CLS to require insurers to provide coverage for FDA-approved medications, medical devices, and products to treat symptoms of withdrawal. S7141 amends NY CLS INS §3216(i)(30)(A), §3216(i)(1)(A), §3221 (l) and §4303(l)(1) to apply the above to every policy following that provides coverage for outpatient opioid treatment: every policy that provides hospital, medical, major medical or similar comprehensive-type individual coverage; every policy that provides medical, major medical or similar comprehensive-type large group coverage; and every contract that provides medical, major medical, or similar comprehensive-type coverage.
Notes: N/A

Primary Focus: Mandated Benefit: SUD; Mandated benefit: Visit limit
Title/Description: Requires minimum coverage of residential treatment for SUD
Citation: A 492/S 2099
Introduced: 1/9/2017
Sponsor: Assemblyman Stirpe (D); Senator Ritchie (R)
Status: Died in committee
Summary: A492/S2099 amends the NY CLS to require insurers to cover a minimum of ninety days at a rehabilitation facility for substance use disorder treatment when such treatment is prescribed by a qualifying physician. A492/S2099 amends NY CLS INS §3216(i)(30), §3221 (l)(6), and §4303(k) to apply the above to individual policies or contracts; group policies or contracts; and every contract that provides hospital, major medical or similar comprehensive-type coverage.
Notes: N/A

Primary Focus: Parity: General
Title/Description: Concerns required notice for termination of benefits for substance use disorder
Citation: A 2010
Introduced: 1/17/2017
Sponsor: Assemblyman Hevesi (D)
Status: Died in committee
Summary: This bill amends the NY CLS to require insurers provide at least three days direct notice prior to termination of coverage for substance use disorders diagnosis and treatment services. Specifically, it amends the NY CLS INS §3216(i)(30), §3216 (i)(31), §3221 (l)(6), §3221 (l)(7), §4303(l) and §4303(k) to apply the above to: every policy that provides individual medical coverage that includes coverage for physician services in a physician’s office; every policy which provides major medical or similar comprehensive-type individual coverage; every policy that provides hospital, medical, major medical or similar comprehensive- type group coverage; and every contract that provides hospital, medical, major medical, or similar comprehensive-type coverage.
Notes: N/A

Primary Focus: Mandated Benefit: provider
Title/Description: Requires outpatient coverage for specified mental health providers
Citation: A 2163/S 3952
Introduced: 1/17/2017; 1/31/2017
Sponsor: Assemblyman Bronson (D); Sen. Young (R)
Status: Passed Assembly; Died in Senate committee
Summary: This bill amends NY CLS to require insurers provide coverage for outpatient treatment provided by mental health counselors, marriage and family therapists, creative arts therapists, or qualified psychoanalysts. Specifically, it amends the NY CLS INS §3221 (l)(5)(A)(ii) and §4303(k) to apply the above to the following insurers that provide coverage for physician services: every insurer delivering or issuing a group or school blanket policy; and every contract that provides hospital, major medical, or similar comprehensive-type coverage.
Notes: N/A

Primary Focus: Mandated benefit
Title/Description: Requires equitable coverage for SUD treatment at psychiatric facilities or centers maintained or under the jurisdiction of the State
Citation: S 8511
Introduced: 5/9/2018
Sponsor: Senator Valeky (D)
Status: Died in committee
Summary: This bill amends the NY CLS to require insurers provide equitable coverage for services related to the diagnosis and treatment of mental, nervous, or emotional disorders in psychiatric centers under the jurisdiction of the Office of Mental Health or other department and psychiatric inpatient facilities maintained by a subdivision of the state. S 8511 amends the NY CLS INS §3216 (i), §3221 (l), and §4303(g)(1) to apply the above to the every policy or plan offering medical, major medical, or similar comprehensive-type individual coverage; every policy or plan offering medical, major medical, or similar comprehensive-type group coverage; and every contract that provides medical, major medical, or similar comprehensive-type coverage.
Notes: N/A

Primary Focus: Mandated Benefit: SUD
Title/Description: Requires equitable coverage for physician and inpatient hospital care for SUD
Citation: A 9079
Introduced: 1/18/2018
Sponsor: Assemblywoman Gunther (D)
Status: Died in committee
Summary: This bill amends the NY CLS to require insurers provide equitable coverage for inpatient hospital care and physician services for the diagnosis and treatment of substance use disorders. Specifically, it amends the NY CLS INS §3221 (l)(5)(A), §4303 (g), §4303(h)(1), and §3216(i)(4) to apply the above to the following insurers: every insurer delivering or issuing a group or school blanket policy that provides coverage for inpatient hospital care or coverage for physician services; every hospital service corporation or health service corporation which provides group, group remittance or school blanket coverage for inpatient hospital care; every medical expense indemnity corporation or health service corporation which provides group, group remittance or school blanket coverage for physician services; and every individual policy or contract that provides for the reimbursement of psychiatric or psychological services or for the diagnosis and treatment of mental, nervous, or emotional disorders or ailment.
Notes: N/A

Primary Focus: Medicaid
Title/Description: Allows for the coverage of licensed mental health practitioners by Medicaid
Citation: A 1890/S3981A
Introduced: 5/2018
Sponsor: Assemblywoman Harris (D); Senator Savine (D)
Status: Died in committee
Summary: This bill amends the NY CLS SOS §365-a(2) to allow care and services provided by licensed mental health practitioners in hospital outpatient or clinic settings to be eligible for coverage under Medicaid.

Primary Focus: Mandated Benefit
Title/Description: Requires coverage for family sessions and family members of SUD patients
Citation: A 2548
Introduced: 1/20/2017
Sponsor: Assemblywoman Lifton (D)
Status: Died in committee
Summary: This bill requires insurance providing coverage for mental health disorders to provide coverage for family sessions provided by a licensed psychological professional if the insured is under 18 years of age. Such coverage must also be provided to individuals who identifies his or her self as a family member of a person suffering from SUD and who seeks treatment as a family member who is otherwise entitled to coverage provided by the applicable policy. Coverage must be provided until the allowable number of family visits is exceeded. It amends the NY CLS INS §3216 (i), §3221(l), §4303(h)(1), and §3216(i)(4) to apply the above to the following insurers that issue, provide, or deliver a policy or contract that provides coverage for psychiatric or psychological services or the diagnosis or treatment of mental, nervous, or emotional disorders or ailments: an individual policy or contract; a group or blanket policy or contract; or a contract offered by a medical expense indemnity corporation or health service corporation.
Notes: N/A

Primary Focus: Mandated Benefit: Provider
Title/Description: Requiring for the reimbursement of Licensed Mental Health Counselors by qualifying insurers
Citation: A 5676
Introduced: 2/14/2017
Sponsor: Assemblyman Brian Curran (R)
Status: Died in committee
Summary: Section 1 and 4 amend the NY CLS INS §3216(i) and NY CLS INS §4235(f)(4)(G) to require individual and group accident, health, or accident and health insurance policies offering reimbursement for psychiatric or psychological services or for the diagnosis and treatment of mental, nervous, or emotional disorders to offer reimbursement for such services provide by a licensed mental health counselor.
Section 2 amends the NY CLS INS §3221(i)(4) to require the following to provide equitable coverage for services provided by a qualifying licensed mental health counselor: group policies providing reimbursement for psychiatric or psychological services or for the diagnosis and treatment of mental, nervous, or emotional disorders and ailments; insurers issuing group policies that provide reimbursement for psychiatric or psychological services provided by physicians, psychiatrists or psychologists. Additionally, section 2 requires the State Board for Social Work to maintain a list of qualifying licensed mental health counselors who are eligible for reimbursement under this section.
Section 3 amends the NY CLS INS §3221(l)(5)(A)(ii) to require group policies providing coverage for physician services to provide coverage for services provided by licensed mental health counselors.
Section 5 amends the NY CLS INS §4303(h)(1), (i), and (n) to require: medical expense indemnity corporations or health service corporations which provides group, group remittance, or school blanket coverage for physician services to provide equitable benefits for outpatient services provided by licensed mental health counselors. Additionally, this section requires medical expense indemnity corporations or health service corporations which provide coverage for psychiatric or psychological services or diagnosis and treatment services for mental, nervous or emotional disorders and ailments provided by physicians, psychiatrists, or psychologists to provide equitable coverage for such services provided by licensed mental health counselors. The State Board of Mental Health Practitioners must maintain a list of licensed mental health counselors qualifying for reimbursement under this section.
Notes: N/A

Primary Focus: Mandated Benefit
Title/Description: Incudes Post Traumatic Stress Disorder in the definition of biologically based mental illness
Citation: S 2269
Introduced: 1/12/2017
Sponsor: Senator Parker (D)
Status: Died in committee
Summary: This bill amends NY CLS to include Post Traumatic Stress Disorder in the definition of biologically based mental illnesses for the purposes of Timothy’s Law, the NYS parity law. Specifically, it amends NY CLS INS §3221(l)(5)(B)(ii), §4303(g)(2)(B), and §3216(i)(4) to apply the above to every insurer delivering or issuing a group or school blanket policy which provides coverage for inpatient hospital care or coverage for physician services; hospital service corporations or health service corporations which provide group, group remittance or school blanket coverage for inpatient hospital care; and individual policies or contracts.
Notes: N/A

Primary Focus: Medicaid
Title/Description: Provides Medicaid coverage for services provided by licensed mental health practitioners
Citation: S3981
Introduced: 1/31/2017
Sponsor: Senator Savino (D)
Status: Died in committee
Summary: This bill amends NY CSL SOS §365-a(2) to provide Medicaid coverage for services provided by licensed mental health practitioners.
Notes: N/A

Primary Focus: Mandated benefit: SUD
Title/Description: Prohibits prior authorization for buprenorphine and long acting injectable naltrexone products
Citation: A 7979
Introduced: 5/23/2017
Sponsor: Assemblyman Quart (D)
Status: Passed Assembly; Died in Senate committee
Summary: This bill amends the NY CLS to prohibit insurers from requiring preauthorization for buprenorphine products and long acting injectable naltrexone for the detoxification or maintenance treatment of substance use disorders.
Section 1 amends NY CLS by repealing and replacing INS §3216(i)(31-a) to apply the above to individual medical, major medical, or similar comprehensive-type coverage policies and plans that provide coverage for medication used for the treatment of substance use disorders.
Section 2 and 3 to repeal and replace §3221(l)(7-a) and (7-b) and §4303(1-1) and (1-2) to apply the above to large group medical, major medical, or similar comprehensive-type coverage policies or contracts that provide coverage for products used for detoxification or maintenance treatment of substance use disorders.
Notes: N/A

2015-2016

S02791
Introduced: 1/2015
Sponsor: Sen. Parker
Status: Dead 1/2016
Summary:
This bill seeks to amend sections of the insurance law that require insurance plans to cover behavioral health services. These sections of the law would now apply to Healthy New York plans and all individual and small employer plans. This bill is identical to S02841 from the 2013-2014 legislative session and S01121 from the 2011-2012 legislative session.

A05219
Introduced: 2/2015
Sponsor: Assm. Cusik
Status: Dead 1/2016
Summary: This bill seeks to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that post-traumatic stress disorder would qualify as a “biologically-based mental illness.” This bill is identical to A05413/S01778 from the 2013-2014 legislative session and A04572/S00185-A of the 2009-2010 legislative session.

S01930
Introduced: 1/2015
Sponsor: Sen. Parker
Status: Dead 1/2016
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that post-traumatic stress disorder would qualify as a “biologically-based mental illness.” This bill is identical to A05164/S03096 from the 2013-2014 legislative session, A04121/S01129 from the 2011-2012 legislative session, and A10082/S06778 from the 2009-2010 legislative session.

A04938
Introduced: 2/2015
Sponsor: Assm. Curran
Status: Dead 1/2016
Summary: This bill seeks to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would have to cover services provided by any “licensed mental health counselor.” Currently insurance plans are only required to cover services provided by physicians, psychiatrists, psychologists, and licensed clinical social workers. The State Board of Mental Health Practitioners would have maintained a list of all eligible licensed mental health counselors. This bill is identical to A04293 from the 2013-2014 legislative session, A06635 from the 2011-2012 legislative session, and A10667 from the 2009-2010 legislative session.

S02751
Introduced: 1/2015
Sponsor: Sen. Parker
Status: Dead 1/2016
Summary: This bill seeks to amend sections of the state insurance law related to coverage for autism. The bill calls for the creation of a state advisory panel that would submit an annual list of the most successful treatments for autism care. The bill would create a hotline about insurance coverage for autism that would answer question and accept complaints to be filed with the proper department. The bill calls for the hotline to be staffed either by employees of a non-profit organization who have experience with autism care or members of the Department of Insurance who are similarly experienced.
The bill also seeks to amend the language in the law so that insurance plans would be required to provide “full” coverage for autism care and provide coverage for “prevention” and “early detection” of autism. These quoted words are not currently in the law.

S03664
Introduced: 2/2015
Sponsor: Sen. Ortt
Status: Dead 1/2016
Summary: This bill seeks to amend the sections of the state insurance law that apply to autism coverage so that there would no longer be an annual limit for the number hours an insurance plan has to cover for applied behavioral analysis. Currently the limit is 680 hours.

A00595
Introduced: 1/2015
Sponsor: Assm. Abinanti
Status: Dead 1/2016
Summary: This bill seeks to amend the sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would be required to cover therapeutic care for autism. Currently therapeutic treatment is considered an accepted treatment for autism care in the state law, but insurance plans are not required to cover it if they do not do so already. This bill is identical to A00536 from the 2013-2014 legislative session and A09013 from the 2011-2012 legislative session.

A06326
Introduced: 3/2015
Sponsor: Assm. Ortiz
Status: Dead 1/2016
Summary: This bill seeks to amend the sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would be required to cover all medically necessary treatment for the treatment of autism, asperger’s disorder, and pervasive developmental disorders. The patient’s physician would determine what would be considered medically necessary. This bill is identical to A05917/S03890 from the 2014-2015 legislative session, A01611/S04996 from the 2011-2012 legislative session, and A11432 of the 2009-2010 legislative session.

A00435
Introduced: 1/2015
Sponsor: Assm. Abinanti
Status: Dead 1/2016
Summary: This bill seeks to ensure that all individuals diagnosed using the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV TR) and the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders continue to qualify for services for treatment of autism.

2013-2014

S02779
Introduced: 1/2013
Sponsor: Sen. Parker
Status: Dead 1/2014
Summary: This bill tried to amend the state Insurance law to include coverage for behavioral health conditions in the Healthy New York Program.

S02841
Introduced: 1/2013
Sponsor: Sen. Parker
Status: Dead 1/2014
Summary: This bill tried to amend the parity section of the insurance law so that it would apply to Healthy New York plans and all individual and small employer plans. The aim of this bill was the same as S02779 (listed above), but it tried to amend a different part of law to do so. This bill is identical to S01121 from the 2011-2012 legislative session.

S00825
Introduced: 1/2014
Sponsor: Sen. Parker
Status: Dead 1/2014
Summary: This bill tried to amend the social services law so that public insurance plans would provide coverage for behavioral health conditions on the same terms and conditions as coverage for other medical conditions. This bill is identical to S01237 from the 2011-2012 legislative session.

A03671
Introduced: 1/2013
Sponsor: Assm. Lupardo
Status: Dead 1/2014
Summary: This bill tried to amend the sections of the state insurance law that require insurance plans to cover behavioral health services. Insurance plans would have been required to cover services provided by marriage and family therapists.

A04293
Introduced: 2/2013
Sponsor: Assm. Curran
Status: Dead 5/2014
Summary: This bill tried to amend the sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would have to cover services provided by any “licensed mental health counselor.” Currently insurance plans are only required to cover services provided by physicians, psychiatrists, psychologists, and licensed clinical social workers. The State Board of Mental Health Practitioners would have maintained a list of all eligible licensed mental health counselors. This bill is identical to A06635 from the 2011-2012 legislative session and A10667 from the 2009-2010 legislative session.

A05164/S03096
Sponsor: Assm. Camara and Sen. Parker
Introduced: 2/2013
Status: Dead 1/2014
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that post-traumatic stress disorder would qualify as a “biologically-based mental illness.” This bill is identical to S01930 from the 2015-2016 legislative session, A04121/S01129 from the 2011-2012 legislative session, and A10082/S06778 from the 2009-2010 legislative session.

A05413/S01778
Introduced: 1/2013
Sponsor: Assm. Cusick and Sen. Carlucci
Status: Dead 1/2014
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that post-traumatic stress disorder would qualify as a “biologically-based mental illness.” This is virtually identical to A05164/S03096 listed above.

A00978/S02708
Introduced: 1/2013
Sponsor: Assm. Kellner and Sen. Young
Status: Dead 1/2014
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would have to cover services provided by “a mental health counselor, a marriage and family therapist, a creative arts therapist or psychoanalyst”. Currently insurance plans are only required to cover services provided by physicians, psychiatrists, psychologists, and licensed clinical social workers. This bill is identical to A09186/S04756 from the 2011-2012 legislative session.

A00536
Introduced: 1/2013
Sponsor: Assm. Abinanti
Status: Dead 1/2014
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would be required to cover therapeutic care for autism. Currently therapeutic treatment is considered an accepted treatment for autism care in the state law, but insurance plans are not required to cover it if they do not do so already. This bill is identical to A00595 from the 2015-2016 legislative session and A09013 from the 2011-2012 legislative session.

A00537/S03974
Introduced: 1/2013
Sponsor: Assm. Abinanti and Sen. Carlucci
Status: Dead 1/2014
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services, specifically the sections related to treatment of autism. Insurance plans would no longer be allowed to cap payment for applied behavioral analysis at $45,000. This bill is identical to A08912 from the 2011-2012 legislative session.

A05917/S03890
Introduced: 3/2013
Sponsor: Assm. Ortiz and Sen. Ball
Status: Dead 1/2014
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would be required to cover all medically necessary treatment for the treatment of autism, asperger’s disorder, and pervasive developmental disorders. The patient’s physician would determine what would be considered medically necessary. This bill is identical to A06326 from the 2015-2016 legislative session, A01611/S04996 from the 2011-2012 legislative session, and A11432 of the 2009-2010 legislative session.

S02707
Introduced: 1/2013
Sponsor: Sen. Parker
Status: Dead 2/2014
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services, specifically the sections related to treatment of autism. Insurance plans would be required to provide full coverage for prevention, early detection, and diagnosis and treatment of autism. The bill also would have established a 24 hour a day hotline for families looking for information about insurance coverage for autism or looking to file a complaint. Additionally, the bill would have established an advisory committee that would create an annual list of treatments and therapies that insurance plans would be required to cover. This bill is nearly identical to A04206A/S03405A from the 2011-2012 legislative session.

2011-2012

S07423
Introduced: 5/2012
Sponsor: Sen. Parker
Status: Dead 5/2012
Summary: This bill tried to amend the state Insurance law to include coverage for behavioral health conditions in the Healthy New York Program. This bill is identical to S02779 from the 2013-2014 legislative session.

A08060
Introduced: 5/2011
Sponsor: Assm. Thiele
Status: Dead 1/2012
Summary: This bill tried to amend the state Insurance law to include coverage for behavioral health conditions in the Healthy New York Program. This bill is identical to A08751 of the 2009-2010 legislative session. This bill is very similar to S07423 from this legislative session and S02779 from the 2013-2014 legislative session.

S01221
Introduced: 1/2011
Sponsor: Sen. Parker
Status: dead 1/2012
Summary: This bill tried to amend the parity section of the insurance law so that it would apply to Healthy New York plans and all individual and small employer plans. This bill is identical to S02841 from the 2013-2014 legislative session and S06866 from the 2009-2010 legislative session.

A04285
Introduced: 2/2011
Sponsor: Assm. Rivera P.
Status: Dead 9/2012
Summary: This bill tried to amend the social services law so that the Family Health Plus Program would provide coverage for behavioral health conditions on the same terms and conditions as coverage for other medical conditions.

S01237
Introduced: 1/2011
Sponsor: Sen. Duane
Status: Dead 1/2012
Summary: This bill tried to amend the social services law so that public insurance plans would provide coverage for behavioral health conditions on the same terms and conditions as coverage for other medical conditions. This bill is identical to S00825 from the 2013-2014 legislative session and S07550 of the 2009-2010 legislative session.

A04121/S01129
Introduced: 2/2011
Sponsor: Assm. Camara and Sen. Parker
Status: Dead 1/2012
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that post-traumatic stress disorder would qualify as a “biologically-based mental illness.” This bill is identical to S01930 from the 2015-2016 legislative session, A05164/S03096 from the 2013-2014 legislative session, and A10082/S06778 from the 2009-2010 legislative session.

A06635
Introduced: 3/2011
Sponsor: Assm. Curran
Status: Dead 4/2012
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would have to cover services provided by any “licensed mental health counselor.” Currently insurance plans are only required to cover services provided by physicians, psychiatrists, psychologists, and licensed clinical social workers. The State Board of Mental Health Practitioners would have maintained a list of all eligible licensed mental health counselors. This bill is identical to A04293 from the 2013-2014 legislative session and A10667 from the 2009-2010 legislative session.

A09186/S04756
Introduced: 4/2011
Sponsor: Assm. Kellner and Sen. Young
Status: Dead 2/2012
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would have to cover services provided by “a mental health counselor, a marriage and family therapist, a creative arts therapist or psychoanalyst”. Currently insurance plans are only required to cover services provided by physicians, psychiatrists, psychologists, and licensed clinical social workers. This bill is identical to A00978/S02708 from the 2013-2014 legislative session.

A09640
Introduced: 3/2012
Sponsor: Assm. Lupardo
Status: Dead 3/2012
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services. Insurance plans would have been required to cover services provided by marriage and family therapists. This bill is identical to A03671 from the 2013-2014 legislative session.

S01121
Introduced: 1/2011
Sponsor: Sen. Parker
Status: Dead 1/2012
Summary: This bill tried to amend the parity section of the insurance law so that it would apply to Healthy New York plans and all individual and small employer plans. The aim of this bill was the same as S02779 (listed above), but it tried to amend a different part of law to do so. This bill is identical to S02841 from the 2013-2014 legislative session.

A04823
Introduced: 2/2011
Sponsor: Assm. Rivera P.
Status: Dead 9/2012
Summary: This bill tried to amend the social services law to prohibit Medicaid plans from using step-therapy for atypical anti-psychotic and anti-depressant prescription medications. This bill also would have prevented Medicaid plans from requiring prior authorization for these same drugs.

S07632
Introduced: 6/2012
Sponsor: Sen. Hannon
Status: Dead 6/2012
Summary: Among many other things, this bill tried to amend the social services law and the public health law so that Medicaid managed care plans and other state public health plans would not be allowed to require prior authorization for atypical anti-psychotic medications and anti-depressant medications. The other state public health plans were defined as the Elderly Pharmaceutical Insurance Coverage Program (EPIC), the Family Health Plus Program, and the Child Health Insurance Program.

A01611/S04996
Introduced: 1/2011
Sponsor: Assm. Ortiz and Sen. Ball
Status: Dead 1/2012
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would be required to cover all medically necessary treatment for the treatment of autism, asperger’s disorder, and pervasive developmental disorders. The patient’s physician would determine what would be considered medically necessary. This bill is identical to A06326 from the 2015-2016 legislative session, A05917/S03890 from the 2013-2014 legislative session, and A11432 of the 2009-2010 legislative session.

A08912
Introduced: 1/2012
Sponsor: Assm. Abinanti
Status: Dead 1/2012
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services, specifically the sections related to treatment of autism. Insurance plans would no longer be allowed to cap payment for applied behavioral analysis at $45,000. This bill is identical to A00537/S03974 from the 2013-2014 legislative session.

A09013
Introduced: 1/2012
Sponsor: Assm. Abinanti
Status: Dead 1/2012
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would be required to cover therapeutic care for autism. Currently therapeutic treatment is considered an accepted treatment for autism care in the state law, but insurance plans are not required to cover it if they do not do so already. This bill is identical to A00595 from the 2015-2016 legislative session and A00536 from the 2013-2014 legislative session.

A04206A/S03405A
Introduced: 1/2011
Sponsor: Assm. Rivera P. and Sen. Parker
Status: Dead 2/2012
Summary: This bill tried to amend sections of the state insurance law that require insurance plans to cover behavioral health services, specifically the sections related to treatment of autism. Insurance plans would be required to provide full coverage for prevention, early detection, and diagnosis and treatment of autism. The bill also would have established a 24 hour a day hotline for families looking for information about insurance coverage for autism or looking to file a complaint. Additionally, the bill would have established an advisory committee that would create an annual list of treatments and therapies that insurance plans would be required to cover. This bill is nearly identical to S02707 from the 2013-2014 legislative session.

A050365/S04097
Introduced: 2/2011
Sponsor: Assm. Morelle and Sen. Duane
Status: Dead 1/2012
Summary: This bill tried to amend the insurance law so that insurance plans would have to cover screening, diagnosis, and treatment of autism spectrum disorders. This bill was similar to A6305A/S04005A, which was signed into law. A06305A/S04005A is listed above and described in greater detail below. The main difference is this bill is not as detailed in the specific treatments insurance plans would be required to cover. Instead, the bill left that up to future regulations to be issued by the Superintendent of Insurance, the Commissioner of Health, the Commissioner of the Office of Mental Health, and the Commissioner of the Office for People with Developmental Disabilities.

A08495
Introduced: 6/2011
Sponsor: Assm. Morelle
Status: Dead 3/2012
Summary: This bill tried to amend the insurance law so that the Superintendent of Insurance would be required to consult with the Commissioner of Education to determine the standards necessary to qualify as a certified behavior analyst.

2009-2010

S06866
Introduced: 2/2010
Sponsor: Sen. Parker
Status: Dead 2/2010
Summary: This bill tried to amend the parity section of the insurance law so that it would apply to Healthy New York plans and all individual and small employer plans. This bill is identical to S02841 from the 2013-2014 legislative session and S01221 from the 20011-2012 legislative session.

A08751
Introduced: 6/2009
Sponsor: Assm. Thiele
Status: Dead 1/2010
Summary: This bill tried to amend the state Insurance law to include coverage for behavioral health conditions in the Healthy New York Program. This bill is identical to A08060 of the 2011-2012 legislative session.

S07550
Introduced: 4/2010
Sponsor: Sen. Duane
Status: Dead 5/2010
Summary: This bill tried to amend the social services law so that public insurance plans would provide coverage for behavioral health conditions on the same terms and conditions as coverage for other medical conditions. This bill is identical to S00825 from the 2013-2014 legislative session and S01237 of the 2011-2012 legislative session.

A07888/S05161
Introduced: 4/09
Sponsor: Assm. Rivera P. and Sen. Morahan
Status: Dead 1/2010
Summary: This bill tried to amend the social services law so that public insurance plans would provide coverage for behavioral health conditions on the same terms and conditions as coverage for other medical conditions. This bill is identical to S00825 from the 2013-2014 legislative session and S01237 of the 2011-2012 legislative session.

A09523/S06361
Introduced: 1/2009
Sponsor: Assm. Fields and Sen. Foley
Status: Dead 5/2010
Summary: Among other things, this bill tried to amend the insurance law so that some insurance plans would be required to cover substance use disorder treatment on the same terms and conditions as other medical treatment. This bill was rewritten with somewhat different language within the same legislative session. That bill was A11273/S07833. Both bills were called Denise’s Law.

A11273/S07833
Introduced: 5/2010
Sponsor: Assm. Lavine and Sen. Foley
Status: Dead 6/2010
Summary: Among other things, this bill tried to amend the insurance law so that some insurance plans would be required to cover substance use disorder treatment on the same terms and conditions as other medical treatment. This bill is a rewritten version of A09523/S06361 from the same legislative session. Both bills were called Denise’s Law.

A04440
Introduced: 2/2009
Sponsor: Assm. Hyer-Spencer
Status: Dead 1/2010
Summary: This bill tried to amend the insurance law in a number of ways that would provide coverage that was closer to a comprehensive parity law. The bill would have required plans to have equal treatment limitations for behavioral health coverage and other medical coverage. It would have required all financial requirements to be at the same terms and conditions as those for other medical coverage. The bill also sought to eliminate lifetime maximums and lifetime limits that could be used for behavioral health coverage.

A05659/S01646
Introduced: 2/2009
Sponsor: Assm. Rivera P. and Sen. Huntley
Status: Dead 1/2010
Summary: This bill tried to change the state insurance law so that the parity sections within the law (known as Timothy’s Law) would become permanent. The bill also sought to require the Commissioner of Mental Health and the Superintendent of Insurance to make a report about the effectiveness of mental health parity in New York.

A10082/S06778
Introduced: 2/2010
Sponsor: Assm. Camara and Sen. Parker
Status: Dead 3/2010
Summary: This bill tried to amend the sections of the state insurance law that require insurance plans to cover behavioral health services so that post-traumatic stress disorder would qualify as a “biologically-based mental illness.” This bill is identical to S01930 from the 2015-2016 legislative session, A05164/S03096 from the 2013-2014 legislative session, and A04121/S01129 from the 2011-2012 legislative session.

A04572/S00185-A
Introduced: 1/2009
Sponsor: Assm. Rivera P. and Sen. Morahan
Status: Dead 5/2010
Summary: This bill tried to amend the sections of the state insurance law that require insurance plans to cover behavioral health services so that post-traumatic stress disorder would qualify as a “biologically-based mental illness.” This bill is nearly identical to A10082/S06778 from the same legislative session and A04121/S01129 from the 2011-2012 legislative session.

A05301
Introduced: 2/2009
Sponsor: Assm. Morelle
Status: Dead 1/2010
Summary: This bill tried to change the state insurance law so that insurance plans would have to cover behavioral health services provided by a nurse practitioner.

A03332/S01175
Introduced: 1/2009
Sponsor: Assm. Ball & Sen. Huntley
Status: Dead 6/2010
Summary: This bill tried to change the section of the state insurance law about coverage for autism spectrum disorders (this was before the law changed to what it is now, which is explained below.) The bill contained very specific definitions of what would be considered medically necessary care and what kinds of treatment must be covered. It also specifies which conditions qualify as covered conditions.

A11432
Introduced: 6/2010
Sponsor: Assm. Ortiz
Status: Dead 6/2010
Summary: This bill tried to amend the sections of the state insurance law that require insurance plans to cover behavioral health services so that insurance plans would be required to cover all medically necessary treatment for the treatment of autism, asperger’s disorder, and pervasive developmental disorders. The patient’s physician would determine what would be considered medically necessary. This bill is identical to A06326 from the 2015-2016 legislative session, A05917/S03890 from the 2014-2015 legislative session, and A01611/S04996 from the 2011-2012 legislative session.

A06888/S06123
Introduced: 3/2009
Sponsor: Assm. Koon and Sen Huntley
Status: Dead 6/2010
Summary: This bill tried to change the section of the state insurance law about coverage for autism spectrum disorders (this was before the law was changed to what it is now, which is explained below.) This bill is very similar to A03332/S01175 but had several key differences:

  1. It listed more forms of treatment that should be covered
  2. It did not contain annual maximum for treatment coverage
  3. It contained a section stating that insurance plans must cover out-of-network treatment at no added cost if there are not any autism treatment providers in-network
  4. It contained a section saying that insurance plans must have a standing referral procedure in place for autism treatment specialists

 

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