What's happening
This bill requires that when two health care practitioners disagree about a disability, the treating practitioner's opinion is generally favored, considering specific factors.
Why it matters
Strengthens the voice of treating health care practitioners. in disability determinations, which may lead to more individualized and accurate assessments based on ongoing patient relationships.
Establishes clear criteria for weighing conflicting medical opinions,. such as treatment history, supporting evidence, and practitioner specialty, making the decision process more transparent and potentially reducing arbitrary denials.
Could impact access to disability benefits. by making it harder for third-party evaluators to override the treating provider’s assessment without substantial justification, possibly resulting in more approvals for applicants.
May lessen administrative disputes and appeals. since applicants and their advocates can better anticipate how disagreements will be resolved, streamlining the process for both providers and clients.
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Who cares
Headline styles
Treating Doctor's Opinion Prevails
Plain English, a few words. Used as the page title.
Sponsors
12 Co-sponsors
1 Multi-sponsor
History
- Referred to social services
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.346
- 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.
Treating Doctor Opinion Prevails
In Senate Committee · Social Services · Sponsor Roxanne J. Persaud
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8994
IN ASSEMBLY
January 8, 2020
Introduced by M. of A. HEVESI, GLICK, JAFFEE, BARRON, COLTON, MOSLEY, EPSTEIN, BUTTENSCHON, OTIS, SANTABARBARA, SEAWRIGHT -- 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.
LBD01067-02-0
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.