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A03450 Summary:

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A03450 Committee Votes:

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A03450 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3450
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2015
                                       ___________
 
        Introduced by M. of A. WRIGHT, GLICK, JAFFEE -- Multi-Sponsored by -- M.
          of  A. COOK, LAVINE, ROBINSON -- read once and referred to the Commit-
          tee 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.
                                                                   LBD04842-01-5