A03319 Summary:
| BILL NO | A03319 |
| SAME AS | SAME AS S01001 |
| SPONSOR | Bronson (MS) |
| COSPNSR | Carroll R, Shrestha, Simon, Gonzalez-Rojas, Gallagher, Santabarbara, Barrett, Paulin, Weprin, Bores |
| MLTSPNSR | Giglio |
| Amd §§3216, 3221 & 4303, Ins L | |
| Relates to including outpatient care provided by creative arts therapists in certain insurance policies covering care for other mental health services. | |
A03319 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 3319 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. BRONSON, R. CARROLL, SHRESTHA, SIMON, GONZALEZ-ROJAS, GALLAGHER, SANTABARBARA, BARRETT, PAULIN, WEPRIN, BORES -- Multi-Sponsored by -- M. of A. GIGLIO -- read once and referred to the Committee on Insurance AN ACT to amend the insurance law, in relation to including outpatient care provided by creative arts therapists in certain insurance poli- cies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Item (ii) of subparagraph (A) of paragraph 35 of subsection 2 (i) of section 3216 of the insurance law, as amended by chapter 62 of 3 the laws of 2023, is amended to read as follows: 4 (ii) where the policy provides coverage for physician services, such 5 policy shall include benefits for outpatient care provided by a psychia- 6 trist or psychologist licensed to practice in this state, a licensed 7 clinical social worker within the lawful scope of [his or her] such 8 licensed clinical social worker's practice, who is licensed pursuant to 9 article one hundred fifty-four of the education law, a mental health 10 counselor, marriage and family therapist, creative arts therapist, or 11 psychoanalyst licensed pursuant to article one hundred sixty-three of 12 the education law, a nurse practitioner licensed to practice in this 13 state, or a professional corporation or university faculty practice 14 corporation thereof. Nothing herein shall be construed to modify or 15 expand the scope of practice of a mental health counselor, marriage and 16 family therapist, creative arts therapist, or psychoanalyst licensed 17 pursuant to article one hundred sixty-three of the education law. 18 Further, nothing herein shall be construed to create a new mandated 19 health benefit. 20 § 2. Subparagraph (A) of paragraph 4 of subsection (l) of section 3221 21 of the insurance law, as amended by chapter 62 of the laws of 2023, is 22 amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00410-01-5A. 3319 2 1 (A) Every insurer delivering a group policy or issuing a group policy 2 for delivery, in this state, that provides reimbursement for psychiatric 3 or psychological services or for the diagnosis and treatment of mental 4 health conditions, however defined in such policy, by physicians, 5 psychiatrists or psychologists, shall provide the same coverage to 6 insureds for such services when performed by a licensed clinical social 7 worker, within the lawful scope of [his or her] such licensed clinical 8 social worker's practice, who is licensed pursuant to article one 9 hundred fifty-four of the education law and mental health counselors, 10 marriage and family therapists, creative arts therapists, and psychoana- 11 lysts licensed pursuant to article one hundred sixty-three of the educa- 12 tion law, within the lawful scope of [his or her] such mental health 13 counselor's, marriage and/or family therapist's, creative arts thera- 14 pist's, or psychoanalyst's practice. Nothing herein shall be construed 15 to modify or expand the scope of practice of a mental health counselor, 16 marriage and family therapist, creative arts therapist, or psychoanalyst 17 licensed pursuant to article one hundred sixty-three of the education 18 law. Further, nothing herein shall be construed to create a new mandated 19 health benefit. 20 § 3. Item (ii) of subparagraph (A) of paragraph 5 of subsection (l) of 21 section 3221 of the insurance law, as amended by chapter 62 of the laws 22 of 2023, is amended to read as follows: 23 (ii) where the policy provides coverage for physician services, it 24 shall include benefits for outpatient care provided by a psychiatrist or 25 psychologist licensed to practice in this state, or a mental health 26 counselor, marriage and family therapist, creative arts therapist, or 27 psychoanalyst licensed pursuant to article one hundred sixty-three of 28 the education law, or a licensed clinical social worker within the 29 lawful scope of [his or her] such licensed clinical social worker's 30 practice, who is licensed pursuant to article one hundred fifty-four of 31 the education law, a nurse practitioner licensed to practice in this 32 state, or a professional corporation or university faculty practice 33 corporation thereof. Nothing herein shall be construed to modify or 34 expand the scope of practice of a mental health counselor, marriage and 35 family therapist, creative arts therapist, or psychoanalyst licensed 36 pursuant to article one hundred sixty-three of the education law. 37 Further, nothing herein shall be construed to create a new mandated 38 health benefit. 39 § 4. Paragraph 2 of subsection (g) of section 4303 of the insurance 40 law, as amended by chapter 62 of the laws of 2023, is amended to read as 41 follows: 42 (2) where the contract provides coverage for physician services such 43 contract shall provide benefits for outpatient care provided by a 44 psychiatrist or psychologist licensed to practice in this state, or a 45 mental health counselor, marriage and family therapist, creative arts 46 therapist, or psychoanalyst licensed pursuant to article one hundred 47 sixty-three of the education law, or a licensed clinical social worker 48 within the lawful scope of [his or her] such licensed clinical social 49 worker's practice, who is licensed pursuant to article one hundred 50 fifty-four of the education law, a nurse practitioner licensed to prac- 51 tice in this state, or professional corporation or university faculty 52 practice corporation thereof. Nothing herein shall be construed to modi- 53 fy or expand the scope of practice of a mental health counselor, 54 marriage and family therapist, creative arts therapist, or psychoanalyst 55 licensed pursuant to article one hundred sixty-three of the educationA. 3319 3 1 law. Further, nothing herein shall be construed to create a new mandated 2 health benefit. 3 § 5. Subsection (n) of section 4303 of the insurance law, as amended 4 by chapter 62 of the laws of 2023, is amended to read as follows: 5 (n) Every health service or medical expense indemnity corporation 6 issuing a group contract pursuant to this section or a group remittance 7 contract for delivery in this state which contract provides reimburse- 8 ment to subscribers or physicians, psychiatrists or psychologists for 9 psychiatric or psychological services or for the diagnosis and treatment 10 of mental health conditions, however defined in such contract, must 11 provide the same coverage to persons covered under the group contract 12 for such services when performed by a licensed clinical social worker, 13 within the lawful scope of [his or her] such licensed clinical social 14 worker's practice, who is licensed pursuant to article one hundred 15 fifty-four of the education law and a mental health counselor, marriage 16 and family therapist, creative arts therapist, or psychoanalyst licensed 17 pursuant to article one hundred sixty-three of the education law. Noth- 18 ing herein shall be construed to modify or expand the scope of practice 19 of a mental health counselor, marriage and family therapist, creative 20 arts therapist, or psychoanalyst licensed pursuant to article one 21 hundred sixty-three of the education law. Further, nothing herein shall 22 be construed to create a new mandated health benefit. The state board 23 for social work shall maintain a list of all licensed clinical social 24 workers qualified for reimbursement under this subsection. The state 25 board for mental health practitioners shall maintain a list of all 26 licensed mental health counselors, marriage and family therapists, crea- 27 tive arts therapists, or psychoanalysts qualified for reimbursement 28 under this subsection. 29 § 6. This act shall take effect immediately and shall apply to all 30 policies and contracts issued, renewed, modified, altered or amended on 31 or after such effective date.