NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9018
SPONSOR: Bronson
 
TITLE OF BILL:
An act to amend the social services law, in relation to authorizing
licensed creative arts therapists to bill Medicaid directly for their
services
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to authorizes licensed creative arts thera-
pists to bill Medicaid directly for their services
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one would amend Paragraph (gg) of subdivision 2 of section 365-a
of the social services law to allow for creative arts therapists to bill
Medicaid directly for their services
Section two is the effective date.
 
JUSTIFICATION:
This bill would allow licensed creative arts therapists to bill Medicaid
directly for the services they provide. The status quo of excluding
mental health practitioners licensed under Article 163 of the Education
law from recognized providers within the Medicaid program results in
undue hardship for individuals, families, and communities, and a lack of
transparency in Medicaid billing. According to the National Institute
of Mental Health, approximately one in four American adults suffers from
a mental illness, making the work performed by all mental health profes-
sionals, including licensed mental health practitioners, crucial to the
provision of healthcare. Individuals should be able to receive treat-
ment.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninety-first day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
9018
IN ASSEMBLY
February 5, 2024
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to authorizing
licensed creative arts therapists to bill Medicaid directly for their
services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (gg) of subdivision 2 of section 365-a of the
2 social services law, as amended by chapter 97 of the laws of 2022, is
3 amended to read as follows:
4 (gg) care and services provided by mental health counselors [and],
5 marriage and family therapists, and creative arts therapists licensed
6 pursuant to article one hundred sixty-three of the education law acting
7 within their scope of practice, where such services would otherwise be
8 covered under this title. Nothing in this paragraph shall be construed
9 to modify or expand the scope of practice of a mental health counselor
10 [or], marriage and family therapist, or creative arts therapist licensed
11 pursuant to article one hundred sixty-three of the education law.
12 § 2. This act shall take effect on the ninetieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14137-01-4