Establishes factors and requirements to be considered when a health care practitioner's opinion differs from that of an applicant's treating health care practitioner's opinion as to an applicant's disability.
STATE OF NEW YORK
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4236
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
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Introduced by M. of A. HEVESI, GLICK, JAFFEE, BARRON, COLTON, MOSLEY --
Multi-Sponsored by -- M. of A. COOK -- 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
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 a new subdivision 4-b to read as follows:
3 4-b. In the event the practitioner to whom the individual is referred
4 pursuant to subdivision four or paragraph (b) of subdivision two of this
5 section issues an opinion that differs from the applicant's treating
6 health care practitioner's opinion, the applicant's treating health care
7 practitioner's opinion is generally controlling, subject to, but not
8 limited to, the following factors:
9 (a) the length and frequency of the treatment provided,
10 (b) consistency of the opinion with the record as a whole,
11 (c) the degree to which the opinion is supported by concrete evidence,
12 and
13 (d) the practitioner's specialty.
14 § 2. This act shall take effect on the ninetieth day after it shall
15 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01067-01-9
