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A02957 Summary:

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A02957 Floor Votes:

A02957 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2957
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 21, 2011
                                       ___________
 
        Introduced by M. of A. WRIGHT, GLICK, JAFFEE -- Multi-Sponsored by -- M.
          of A. COOK, LAVINE, McENENY, ROBINSON -- read once and referred to the
          Committee on Social Services
 
        AN  ACT  to  amend  the social services law, in relation to establishing
          factors to be considered when a health care practitioner   upon  exam-

          ination  has  a  different opinion from an applicant's treating health
          care practitioner's opinion  as  to  an  applicant's  disability;  and
          requiring an explicit written determination by the health care practi-
          tioner when the diagnoses differ
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 332-b of the social  services  law  is  amended  by
     2  adding two new subdivisions 4-a and 4-b to read as follows:
     3    4-a.  If  the practitioner to whom the individual is referred pursuant
     4  to subdivision four or paragraph (b) of subdivision two of this  section
     5  issues an opinion that differs from the applicant's treating health care
     6  practitioner, the practitioner must provide an explicit written determi-

     7  nation  as to why the practitioner disagrees with the applicant's treat-
     8  ing health care  practitioner's  disability  determination  and  present
     9  evidence that supports the opinion.
    10    4-b.  In the event the practitioner to whom the individual is referred
    11  pursuant to subdivision four or paragraph (b) of subdivision two of this
    12  section issues an opinion that differs  from  the  applicant's  treating
    13  health care practitioner's opinion, the applicant's treating health care
    14  practitioner's  opinion  is  generally  controlling, subject to, but not
    15  limited to, the following factors:
    16    (a) the length and frequency of the treatment provided,
    17    (b) consistency of the opinion with the record as a whole,

    18    (c) the degree to which the opinion is supported by concrete evidence,
    19  and
    20    (d) the practitioner's specialty.
    21    § 2. This act shall take effect on the ninetieth day  after  it  shall
    22  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04846-01-1