NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8495
SPONSOR: Morelle TITLE OF BILL: An act to amend the insurance law, in relation to
coverage for the screening, diagnosis and treatment of autism spectrum
disorder
PURPOSE OF BILL: The purpose of this bill is to amend a chapter of
the laws of 2011 amending the insurance law relating to coverage for the
screening, diagnosis and treatment of autism spectrum disorder, as
proposed in legislative bill numbers S4005B and A6305A.
SUMMARY OF PROVISIONS: Sections 1-3 of the bill would amend Insurance
Law §§ 3216, 3221 and 4303 to require consultation with the commissioner
of education on regulations promulgated by the superintendent With
respect to standards of professionalism and relevant experience when
providing behavioral health treatment.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
STATEMENT IN SUPPORT: The commissioner of education provides licenses
for many health providers in New York State. It is therefore appropriate
that the commissioner be consulted when regulations are issued contain-
ing standards of professionalism and relevant experience when providing
behavioral health treatment.
EFFECTIVE DATE: This act would become effective on the same date,
January 1, 2011, as a chapter of the laws of 2011 amending the insurance
law relating to-coverage for screening, diagnosis, and treatment of
autism spectrum disorder, as proposed in legislative bill numbers S4005A
and A6305A.
STATE OF NEW YORK
________________________________________________________________________
8495
2011-2012 Regular Sessions
IN ASSEMBLY
June 17, 2011
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to coverage for the
screening, diagnosis and treatment of autism spectrum disorder
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause (iii) of subparagraph (C) of paragraph 25 of
2 subsection (i) of section 3216 of the insurance law, as added by a chap-
3 ter of the laws of 2011 amending the insurance law relating to coverage
4 for the screening, diagnosis and treatment of autism spectrum disorder,
5 as proposed in legislative bill numbers S. 4005-A and A. 6305-A, is
6 amended to read as follows:
7 (iii) "behavioral health treatment" means counseling and treatment
8 programs, when provided by a licensed provider, and applied behavior
9 analysis, when provided or supervised by a behavior analyst certified
10 pursuant to the behavior analyst certification board, that are necessary
11 to develop, maintain, or restore, to the maximum extent practicable, the
12 functioning of an individual. Individuals that provide behavioral health
13 treatment under the supervision of a certified behavior analyst pursuant
14 to this paragraph shall be subject to standards of professionalism and
15 relevant experience pursuant to regulations promulgated by the super-
16 intendent in consultation with the commissioner of health and the
17 commissioner of education.
18 § 2. Clause (iii) of subparagraph (C) of paragraph 17 of subsection
19 (l) of section 3221 of the insurance law, as added by a chapter of the
20 laws of 2011 amending the insurance law relating to coverage for the
21 screening, diagnosis and treatment of autism spectrum disorder, as
22 proposed in legislative bill numbers S. 4005-A and A. 6305-A, is amended
23 to read as follows:
24 (iii) "behavioral health treatment" means counseling and treatment
25 programs, when provided by a licensed provider, and applied behavior
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08567-04-1
A. 8495 2
1 analysis, when provided or supervised by a behavior analyst certified
2 pursuant to the behavior analyst certification board, that are necessary
3 to develop, maintain, or restore, to the maximum extent practicable, the
4 functioning of an individual. Individuals that provide behavioral health
5 treatment under the supervision of a certified behavior analyst pursuant
6 to this paragraph shall be subject to standards of professionalism and
7 relevant experience pursuant to regulations promulgated by the super-
8 intendent in consultation with the commissioner of health and the
9 commissioner of education.
10 § 3. Subparagraph (C) of paragraph 3 of subsection (ee) of section
11 4303 of the insurance law, as added by a chapter of the laws of 2011
12 amending the insurance law relating to coverage for the screening, diag-
13 nosis and treatment of autism spectrum disorder, as proposed in legisla-
14 tive bill numbers S. 4005-A and A. 6305-A, is amended to read as
15 follows:
16 (C) "behavioral health treatment" means counseling and treatment
17 programs, when provided by a licensed provider, and applied behavior
18 analysis, when provided or supervised by a behavior analyst certified
19 pursuant to the behavior analyst certification board, that are necessary
20 to develop, maintain, or restore, to the maximum extent practicable, the
21 functioning of an individual. Individuals that provide behavioral health
22 treatment under the supervision of a certified behavior analyst pursuant
23 to this subsection shall be subject to standards of professionalism and
24 relevant experience pursuant to regulations promulgated by the super-
25 intendent in consultation with the commissioner of health and the
26 commissioner of education.
27 § 4. This act shall take effect on the same date and in the same
28 manner as a chapter of the laws of 2011 amending the insurance law
29 relating to coverage for the screening, diagnosis and treatment of
30 autism spectrum disorder, as proposed in legislative bill numbers S.
31 4005-A and A. 6305-A, takes effect.
