What's happening
This bill prohibits health insurance providers from forcing behavioral health service providers to participate in all their insurance products, allowing providers to choose which plans they join.
Why it matters
Empowers behavioral health providers. by allowing them to select which insurance products they wish to join, potentially increasing their negotiating leverage and reducing administrative burdens tied to “all-or-nothing” contracting.
May improve provider participation. in insurance networks, as some behavioral health providers currently avoid joining any networks to escape being forced into less desirable plans; this change could expand patient access to mental health and substance use treatment.
Could impact patient choice and continuity of care. , since not all behavioral health providers will be in-network for every plan offered by an insurer—patients may need to check which providers are covered under their specific plan.
Aims to address workforce shortages and burnout. in behavioral health by giving providers more autonomy and flexibility, which might keep more practitioners in the field and improve overall service quality.
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Who cares
Headline styles
Let Therapists Pick Insurance Plans
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to ways and means
- Reported referred to ways and means
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Therapists Pick Plans
In Senate Committee · Health · Sponsor Gustavo Rivera
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
252
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. CAHILL -- read once and referred to the Committee on Health
AN ACT to amend the social services law, the public health law and the insurance law, in relation to prohibiting a provider of health care coverage from requiring providers of behavioral health services to offer all products offered by the provider of health care coverage
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 365-m of the social services law is amended by adding a new subdivision 6 to read as follows:
6. (a) No managed care provider under section three hundred sixtyfour-j of this title shall by contract or written policy or procedure, require a behavioral health services provider to participate in the in-network portion of any product offered by such managed care provider, other than products under such section. Behavioral health services providers shall have the right to select by execution of a separate agreement the products of such managed care provider in which the provider agrees to participate in the in-network portion.
(b) As used in this subdivision, "behavioral health services" means inpatient and outpatient behavioral health services provided by those licensed or certified pursuant to article thirty-one or thirty-two of the mental hygiene law, or programs that are licensed pursuant to both article thirty-one of the mental hygiene law and article twenty-eight of the public health law, or certified under both article thirty-two of the mental hygiene law and article twenty-eight of the public health law.
§ 2. Section 2511 of the public health law is amended by adding a new subdivision 22 to read as follows:
22. (a) No approved organization shall by contract or written policy or procedure, require a behavioral health services provider to participate in the in-network portion of any product offered by such organiza-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00070-01-9
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tion, other than products under this title. Behavioral health services providers shall have the right to select by execution of a separate agreement the products of such approved organization in which the provider agrees to participate in the in-network portion.
(b) As used in this subdivision, "behavioral health services" means inpatient and outpatient behavioral health services provided by those licensed or certified pursuant to article thirty-one or thirty-two of the mental hygiene law, or programs that are licensed pursuant to both article thirty-one of the mental hygiene law and article twenty-eight of this chapter, or certified under both article thirty-two of the mental hygiene law and article twenty-eight of this chapter.
§ 3. Section 4406-c of the public health law is amended by adding a new subdivision 10 to read as follows:
10. (a) No health care plan licensed pursuant to this article shall by contract or written policy or procedure, require a behavioral health services provider to participate in the in-network portion of any product offered by such plan. Behavioral health services providers shall have the right to select by execution of a separate agreement the products of such plan in which the provider agrees to participate in the in-network portion.
(b) As used in this subdivision, "behavioral health services" means inpatient and outpatient behavioral health services provided by those licensed or certified pursuant to article thirty-one or thirty-two of the mental hygiene law, or programs that are licensed pursuant to both article thirty-one of the mental hygiene law and article twenty-eight of this chapter, or certified under both article thirty-two of the mental hygiene law and article twenty-eight of this chapter.
§ 4. Section 3217-b of the insurance law is amended by adding a new subsection (l) to read as follows:
(l) (1) No insurer subject to the provisions of this article shall by contract, written policy or procedure, require a behavioral health services provider to participate in the in-network portion of any product offered by such insurer. Behavioral health services providers shall have the right to select by execution of a separate agreement the products of such insurers in which the provider agrees to participate in the in-network portion.
(2) As used in this subsection, "behavioral health services" means inpatient and outpatient behavioral health services provided by those licensed or certified pursuant to article thirty-one or thirty-two of the mental hygiene law, or programs that are licensed pursuant to both article thirty-one of the mental hygiene law and article twenty-eight of the public health law, or certified under both article thirty-two of the mental hygiene law and article twenty-eight of the public health law.
§ 5. Section 4325 of the insurance law is amended by adding a new subsection (m) to read as follows:
(m) (1) No corporation organized pursuant to this article shall by contract, written policy or procedure, require a behavioral health services provider to participate in the in-network portion of any product offered by such corporation. Behavioral health services providers shall have the right to select by execution of a separate agreement the products of such corporation in which the provider agrees to participate in the in-network portion.
(2) As used in this subsection, "behavioral health services" means inpatient and outpatient behavioral health services provided by those licensed or certified pursuant to article thirty-one or thirty-two of the mental hygiene law, or programs that are licensed pursuant to both
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article thirty-one of the mental hygiene law and article twenty-eight of the public health law, or certified under both article thirty-two of the mental hygiene law and article twenty-eight of the public health law.
§ 6. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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