S06544 Summary:

BILL NOS06544B
 
SAME ASSAME AS A07689-A
 
SPONSORAKSHAR
 
COSPNSRCARLUCCI, FUNKE, HELMING, JACOBS, KAMINSKY, LARKIN, MARCHIONE, MURPHY, O'MARA, PHILLIPS, RANZENHOFER, RITCHIE
 
MLTSPNSR
 
Add 32.06, Ment Hyg L
 
Prohibits certain practices concerning or consideration for referrals by providers of substance use disorder services.
Go to top    

S06544 Actions:

BILL NOS06544B
 
06/01/2017REFERRED TO ALCOHOLISM AND DRUG ABUSE
06/14/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/14/2017ORDERED TO THIRD READING CAL.1674
06/14/2017PASSED SENATE
06/14/2017DELIVERED TO ASSEMBLY
06/14/2017referred to codes
01/03/2018died in assembly
01/03/2018returned to senate
01/03/2018REFERRED TO ALCOHOLISM AND DRUG ABUSE
01/23/20181ST REPORT CAL.251
01/29/20182ND REPORT CAL.
01/30/2018ADVANCED TO THIRD READING
03/12/2018AMENDED ON THIRD READING (T) 6544A
03/19/2018PASSED SENATE
03/19/2018DELIVERED TO ASSEMBLY
03/19/2018referred to codes
06/11/2018RECALLED FROM ASSEMBLY
06/11/2018returned to senate
06/11/2018VOTE RECONSIDERED - RESTORED TO THIRD READING
06/11/2018AMENDED ON THIRD READING (T) 6544B
06/18/2018SUBSTITUTED BY A7689A
 A07689 AMEND=A Rosenthal L
 05/09/2017referred to alcoholism and drug abuse
 06/07/2017reported referred to codes
 01/03/2018referred to codes
 06/05/2018amend (t) and recommit to codes
 06/05/2018print number 7689a
 06/11/2018reported referred to rules
 06/13/2018reported
 06/13/2018rules report cal.160
 06/13/2018ordered to third reading rules cal.160
 06/14/2018passed assembly
 06/14/2018delivered to senate
 06/14/2018REFERRED TO RULES
 06/18/2018SUBSTITUTED FOR S6544B
 06/18/20183RD READING CAL.251
 06/18/2018PASSED SENATE
 06/18/2018RETURNED TO ASSEMBLY
 08/13/2018delivered to governor
 08/24/2018signed chap.223
Go to top

S06544 Committee Votes:

Go to top

S06544 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S06544 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6544--B
            Cal. No. 251
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      June 1, 2017
                                       ___________
 
        Introduced  by Sens. AKSHAR, CARLUCCI, FUNKE, HELMING, JACOBS, KAMINSKY,
          MARCHIONE, MURPHY,  O'MARA,  PHILLIPS,  RANZENHOFER,  RITCHIE  --  (at
          request  of  the Office of Alcoholism and Substance Abuse Services) --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on  Alcoholism  and  Drug  Abuse -- recommitted to the
          Committee on Alcoholism and Drug Abuse in accordance with Senate  Rule
          6,  sec. 8 -- reported favorably from said committee, ordered to first
          and second report, ordered to a third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading -- passed
          by  Senate and delivered to the Assembly, recalled, vote reconsidered,
          restored to third reading, amended and  ordered  reprinted,  retaining
          its place in the order of third reading
 
        AN  ACT to amend the mental hygiene law, in relation to prohibited prac-
          tices by providers of substance use disorder services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The mental hygiene law is amended by adding a new section
     2  32.06 to read as follows:
     3  § 32.06 Prohibited practices by  providers  of  substance  use  disorder
     4            services.
     5    1.  For  purposes of this section, unless the context clearly requires
     6  otherwise, "provider" shall mean any person, firm,  partnership,  group,
     7  practice association, fiduciary, employer, representative thereof or any
     8  other  entity  who  is  providing or purporting to provide substance use
     9  disorder services. Provided, however, that "provider" shall not  include
    10  a person receiving substance use disorder services from the provider.
    11    2.  No  provider shall intentionally solicit, receive, accept or agree
    12  to receive or accept any payment, benefit or other consideration in  any
    13  form to the extent such payment, benefit or other consideration is given
    14  for  the  referral  of a person as a potential patient for substance use
    15  disorder services.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10119-05-8

        S. 6544--B                          2
 
     1    3. No provider providing or purporting to provide substance use disor-
     2  der services pursuant to this chapter, shall intentionally make,  offer,
     3  give,  or  agree  to  make, offer, or give any payment, benefit or other
     4  consideration in any form to the extent such payment, benefit  or  other
     5  consideration  is  given  for  the  referral  of a person as a potential
     6  patient for substance use disorder services.
     7    4. This section shall not apply to any:
     8    (a) lawful payments by a health  maintenance  organization  or  health
     9  insurer,  operating in accordance with article thirty-two or forty-three
    10  of the insurance law or article forty-four of the public health  law  on
    11  behalf  of  their  enrollees for such substance use disorder services or
    12  other benefits required to be provided;
    13    (b) lawful payments to or by a provider to a health maintenance organ-
    14  ization or health insurer operating in accordance with  article  thirty-
    15  two  or  forty-three  of  the insurance law or article forty-four of the
    16  public health law, as payment for services provided,  a  refund  for  an
    17  overpayment, a participating provider fee, or any similar remuneration;
    18    (c) provider for an activity that, at the time of such activity, would
    19  have  been  lawful  as specifically exempt, or otherwise not prohibited,
    20  under any federal statute or regulations, including but not  limited  to
    21  42  U.S.C.  § 1320a-7b (b) or the regulations promulgated thereunder, if
    22  conducted by a person, firm, partnership, group, practice,  association,
    23  fiduciary, employer representative thereof or any other entity providing
    24  substance use disorder services;
    25    (d)  any  employee  or  representative of a provider who is conducting
    26  marketing activities, where the employee  or  representative  identifies
    27  the  provider represented or for whom or which the employee or represen-
    28  tative works, identifies that the employee or representative is a  mark-
    29  eter and not a clinician or other individual who can provide diagnostic,
    30  counseling  or  assessment  services,  and such marketing activities are
    31  limited to educating the potential patient about  the  program  with  no
    32  effort  to  steer  or  lead  the potential patient to select or consider
    33  selection of the substance use disorder services provider represented or
    34  for whom or which the employee or representative works; or
    35    (e) commissions, fees or other remuneration lawfully paid to insurance
    36  agents as provided under the insurance law.
    37    5. Any provider who intentionally violates the provisions of  subdivi-
    38  sion  two  or  three of this section shall be guilty of a misdemeanor as
    39  defined in the penal law.
    40    6. If the commissioner has reason to believe a provider  has  violated
    41  subdivision  two  or three of this section, the commissioner may proceed
    42  to investigate and institute enforcement actions, as may  be  authorized
    43  pursuant to the applicable provisions of this article.
    44    7.  The provisions of this section are in addition to any other civil,
    45  administrative or criminal enforcement actions provided by  law.  Penal-
    46  ties  authorized  under  this  section  may be imposed against corporate
    47  providers and individual providers.
    48    8. The commissioner shall adopt and may amend rules and regulations to
    49  effectuate the provisions of this section.
    50    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    51  have become a law.
Go to top