A07689 Summary:

BILL NOA07689A
 
SAME ASSAME AS S06544-B
 
SPONSORRosenthal L
 
COSPNSRD'Urso, Thiele, Sepulveda, Skoufis, Cusick, Joyner, Gottfried, McDonald, Cook, Lavine, Simon, Taylor, Seawright, Pellegrino, Ortiz, Arroyo, Barron, Englebright
 
MLTSPNSREpstein
 
Add 32.06, Ment Hyg L
 
Prohibits certain practices concerning or consideration for referrals by providers of substance use disorder services.
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A07689 Actions:

BILL NOA07689A
 
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
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A07689 Committee Votes:

ALCOHOLISM AND DRUG ABUSE Chair:Rosenthal DATE:06/07/2017AYE/NAY:11/0 Action: Favorable refer to committee Codes
RosenthalAyeJohnsAye
ArroyoAyeLopezAye
Peoples-StokesAyeDiPietroAye
DenDekkerExcusedMillerAbsent
QuartAye
StirpeAye
DavilaExcused
McDonaldAye
HarrisAye
FahyAye

CODES Chair:Lentol DATE:06/11/2018AYE/NAY:20/0 Action: Favorable refer to committee Rules
LentolAyeCurranAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
TitusAyeGarbarinoAye
O'DonnellExcused
LavineAye
PerryAye
ZebrowskiExcused
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye

RULES Chair:Heastie DATE:06/13/2018AYE/NAY:29/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
GanttExcusedCrouchAye
NolanAyeFinchAye
WeinsteinAyeBarclayAye
HooperExcusedRaiaAye
OrtizAyeHawleyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye

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A07689 Floor Votes:

DATE:06/14/2018Assembly Vote  YEA/NAY: 139/0
AbbateYCookYGarbarinoYLupardoYPellegrinoYStecY
AbinantiYCrespoYGiglioYMageeYPeoples-StokesYSteckY
ArroyoERCrouchYGlickYMagnarelliYPerryYSternY
AshbyYCurranYGoodellYMalliotakisYPheffer AmatoYStirpeY
AubryYCusickYGottfriedYMcDonaldYPichardoYTagueY
BarclayYCymbrowitzYGuntherYMcDonoughYPretlowYTaylorY
BarnwellYDavilaYHawleyYMikulinYQuartYThieleY
BarrettYDe La RosaYHevesiYMiller B YRaYTitoneY
BarronYDenDekkerYHikindYMiller MGYRaiaYTitusY
BenedettoYDickensYHooperERMiller MLYRamosYVanelY
BichotteERDilanYHunterYMontesanoYRichardsonERWalkerY
BlakeERDinowitzYHyndmanYMorelleYRiveraYWallaceY
BlankenbushYDiPietroYJaffeeYMorinelloYRodriguezYWalshY
BohenYD'UrsoYJean-PierreYMosleyYRosenthal D YWalterY
BrabenecYEnglebrightYJenneYMurrayYRosenthal L YWeinsteinY
BraunsteinYEpsteinYJohnsYNiouYRozicYWeprinY
BrindisiYErrigoYJonesYNolanYRyanYWilliamsER
BronsonYEspinalYJoynerYNorrisYSantabarbaraYWoernerY
BuchwaldYFahyYKimYOaksYSchimmingerYWrightY
ButlerYFernandezYKolbYO'DonnellYSeawrightYZebrowskiY
ByrneYFinchYLalorYOrtizYSimonYMr. SpeakerY
CahillYFitzpatrickYLavineYOtisYSimotasY
CarrollYFriendYLawrenceYPalmesanoYSkoufisY
CastorinaYGalefYLentolYPalumboYSmithY
ColtonYGanttERLiftonYPaulinYSolagesY

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A07689 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7689--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 9, 2017
                                       ___________
 
        Introduced  by M. of A. L. ROSENTHAL, D'URSO, THIELE, SKOUFIS, CUSICK --
          read once and referred to the Committee on Alcoholism and  Drug  Abuse
          --  reported  and referred to the Committee on Codes -- recommitted to
          the Committee on Codes in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        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.
    16    3. No provider providing or purporting to provide substance use disor-
    17  der  services pursuant to this chapter, shall intentionally make, offer,
    18  give, or agree to make, offer, or give any  payment,  benefit  or  other
    19  consideration  in  any form to the extent such payment, benefit or other
    20  consideration is given for the referral  of  a  person  as  a  potential
    21  patient for substance use disorder services.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD10119-04-8

        A. 7689--A                          2
 
     1    4. This section shall not apply to any:
     2    (a)  lawful  payments  by  a health maintenance organization or health
     3  insurer, operating in accordance with article thirty-two or  forty-three
     4  of  the  insurance law or article forty-four of the public health law on
     5  behalf of their enrollees for such substance use  disorder  services  or
     6  other benefits required to be provided;
     7    (b) lawful payments to or by a provider to a health maintenance organ-
     8  ization  or  health insurer operating in accordance with article thirty-
     9  two or forty-three of the insurance law or  article  forty-four  of  the
    10  public  health  law,  as  payment for services provided, a refund for an
    11  overpayment, a participating provider fee, or any similar remuneration;
    12    (c) provider for an activity that, at the time of such activity, would
    13  have been lawful as specifically exempt, or  otherwise  not  prohibited,
    14  under  any  federal statute or regulations, including but not limited to
    15  42 U.S.C. § 1320a-7b (b) or the regulations promulgated  thereunder,  if
    16  conducted  by a person, firm, partnership, group, practice, association,
    17  fiduciary, employer representative thereof or any other entity providing
    18  substance use disorder services;
    19    (d) any employee or representative of a  provider  who  is  conducting
    20  marketing  activities,  where  the employee or representative identifies
    21  the provider represented or for whom or which the employee or  represen-
    22  tative  works, identifies that the employee or representative is a mark-
    23  eter and not a clinician or other individual who can provide diagnostic,
    24  counseling or assessment services, and  such  marketing  activities  are
    25  limited  to  educating  the  potential patient about the program with no
    26  effort to steer or lead the potential  patient  to  select  or  consider
    27  selection of the substance use disorder services provider represented or
    28  for whom or which the employee or representative works; or
    29    (e) commissions, fees or other remuneration lawfully paid to insurance
    30  agents as provided under the insurance law.
    31    5.  Any provider who intentionally violates the provisions of subdivi-
    32  sion two or three of this section shall be guilty of  a  misdemeanor  as
    33  defined in the penal law.
    34    6.  If  the commissioner has reason to believe a provider has violated
    35  subdivision two or three of this section, the commissioner  may  proceed
    36  to  investigate  and institute enforcement actions, as may be authorized
    37  pursuant to the applicable provisions of this article.
    38    7. The provisions of this section are in addition to any other  civil,
    39  administrative  or  criminal enforcement actions provided by law. Penal-
    40  ties authorized under this section  may  be  imposed  against  corporate
    41  providers and individual providers.
    42    8. The commissioner shall adopt and may amend rules and regulations to
    43  effectuate the provisions of this section.
    44    §  2.  This  act  shall take effect on the sixtieth day after it shall
    45  have become a law.
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