What's happening
This bill requires that, when health care practitioners disagree on an applicant's disability, the treating practitioner's opinion usually prevails, considering specific factors.
Why it matters
Gives more weight to the applicant’s own treating health care practitioner. in disability determinations, making it less likely for outside examiners to override that opinion without strong justification.
Establishes clear criteria. such as the length and frequency of treatment, consistency with the medical record, supporting evidence, and practitioner’s specialty—ensuring that decisions are based on relevant and transparent medical factors.
Could make it easier for applicants to be recognized as disabled. if their regular health care provider supports their claim, potentially improving access to benefits for those with established health relationships.
Shifts the balance of power toward continuity of care. , likely encouraging more trust in the disability evaluation process and reducing administrative disputes based on brief or one-time examinations.
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Who cares
Headline styles
Prioritize Treating Doctor’s Opinion
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
1 Multi-sponsor
History
- Substituted by S4641
- Advanced to third reading cal.115
- Reported
- Referred to social services
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.
Doctor's Opinion Gets Priority
Vetoed · Sponsor Roxanne J. Persaud
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4236
2019-2020 Regular Sessions
IN ASSEMBLY
February 1, 2019
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 examination 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 Assembly, do enact as follows:
Section 1. Section 332-b of the social services law is amended by adding a new subdivision 4-b to read as follows:
4-b. In the event the practitioner to whom the individual is referred pursuant to subdivision four or paragraph (b) of subdivision two of this section issues an opinion that differs from the applicant's treating health care practitioner's opinion, the applicant's treating health care practitioner's opinion is generally controlling, subject to, but not limited to, the following factors:
(a) the length and frequency of the treatment provided,
(b) consistency of the opinion with the record as a whole,
(c) the degree to which the opinion is supported by concrete evidence, and
(d) the practitioner's specialty.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01067-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.