STATE OF NEW YORK
________________________________________________________________________
7888
2009-2010 Regular Sessions
IN ASSEMBLY
April 28, 2009
___________
Introduced by M. of A. P. RIVERA, GOTTFRIED, DINOWITZ, SCARBOROUGH,
CANESTRARI, WEISENBERG, JACOBS, CLARK, ESPAILLAT, PHEFFER, McENENY,
GUNTHER, ENGLEBRIGHT, COLTON, CAHILL, KAVANAGH, LUPARDO -- Multi-Spon-
sored by -- M. of A. ABBATE, ALESSI, ALFANO, ARROYO, AUBRY, BENEDETTO,
BENJAMIN, BING, BOYLAND, BRADLEY, BRENNAN, BROOK-KRASNY, CAMARA,
CARROZZA, CHRISTENSEN, COOK, CYMBROWITZ, DESTITO, DIAZ, DUPREY,
EDDINGTON, FIELDS, GALEF, GLICK, GORDON, HEVESI, HIKIND, HOOPER, HOYT,
JAFFEE, JEFFRIES, KOON, LANCMAN, LATIMER, LAVINE, LENTOL, LIFTON,
V. LOPEZ, MAGEE, MAGNARELLI, MAISEL, MARKEY, MAYERSOHN, McKEVITT,
MILLER, MILLMAN, NOLAN, O'DONNELL, ORTIZ, PARMENT, PAULIN, PEOPLES,
PERALTA, PERRY, POWELL, RAMOS, REILLY, J. RIVERA, N. RIVERA, ROBINSON,
ROSENTHAL, SCHROEDER, SEMINERIO, SPANO, SWEENEY, TITUS, TOWNS, TOWN-
SEND, WEINSTEIN, WRIGHT -- read once and referred to the Committee on
Health
AN ACT to amend the public health law and the social services law, in
relation to establishing mental health parity in public health insur-
ance plans
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 2510 of the public health law, as
2 amended by chapter 645 of the laws of 2005, is amended to read as
3 follows:
4 7. "Covered health care services" means: the services of physicians,
5 optometrists, nurses, nurse practitioners, midwives and other related
6 professional personnel which are provided on an outpatient basis,
7 including routine well-child visits; diagnosis and treatment of illness
8 and injury; inpatient health care services; laboratory tests; diagnostic
9 x-rays; prescription and non-prescription drugs and durable medical
10 equipment; radiation therapy; chemotherapy; hemodialysis; emergency room
11 services; hospice services; emergency, preventive and routine dental
12 care, except orthodontia and cosmetic surgery; emergency, preventive and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10798-01-9
A. 7888 2
1 routine vision care, including eyeglasses; speech and hearing services;
2 and, inpatient and outpatient mental health, alcohol and substance abuse
3 services as defined by the commissioner in consultation with the super-
4 intendent, provided that coverage for mental health, alcohol and
5 substance abuse services shall be provided on the same terms and condi-
6 tions as the coverage for other covered health care services. "Covered
7 health care services" shall not include drugs, procedures and supplies
8 for the treatment of erectile dysfunction when provided to, or
9 prescribed for use by, a person who is required to register as a sex
10 offender pursuant to article six-C of the correction law, provided that
11 any denial of coverage of such drugs, procedures or supplies shall
12 provide the patient with the means of obtaining additional information
13 concerning both the denial and the means of challenging such denial.
14 § 2. Subparagraph (ix) of paragraph (e) of subdivision 1 of section
15 369-ee of the social services law, as added by chapter 1 of the laws of
16 1999, is amended to read as follows:
17 (ix) inpatient and outpatient mental health and alcohol and substance
18 abuse services, as defined by the commissioner, provided that coverage
19 for mental health, alcohol and substance abuse services shall be
20 provided on the same terms and conditions as the coverage for other
21 covered health care services;
22 § 3. The commissioner of health is authorized to submit amendments to
23 the state plan for medical assistance and submit one or more applica-
24 tions for waivers of the federal social security act as may be necessary
25 to obtain the federal approvals necessary to implement this chapter.
26 § 4. This act shall take effect on the first of April next succeeding
27 the date on which it shall have become a law; provided, however, that
28 the amendments to subdivision 7 of section 2510 of the public health law
29 made by section one of this act shall not affect the expiration of such
30 subdivision and shall be deemed to expire therewith.
