BILL NUMBER: S6362
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the insurance law, in relation to including outpatient
care provided by creative arts therapists in certain insurance policies
 
PURPOSE:
Relates to including outpatient care provided by creative arts thera-
pists in certain insurance policies
 
SUMMARY OF PROVISIONS:
Section 1 will amend item (ii) of subparagraph (A) of paragraph 35 of
subsection (i) of section 3216 of the insurance law, as amended by chap-
ter 62 of the laws of 2023 provides, where the policy provides for
physician services, such policy shall include benefits for outpatient
care provided by creative arts therapist.
Section 2 will amend subparagraph (A) of paragraph 4 of subsection (1)
of section 3221 of the insurance law, as amended by chapter 62 of the
laws of 2023, to provide that every insurer delivering a group policy of
issuing a group policy for delivery, in this state, that provides
reimbursement for psychiatric or psychological services or for the diag-
nosis and treatment of mental health conditions, however defined in such
policy, by physicians, psychiatrists or psychologists, that provide the
same coverage to insured for such services when performed by a creative
arts therapist.
Section 3 will amend item (ii) of subparagraph of paragraph 5 of
subsection (1) of section 3221 of the insurance law, as amended by chap-
ter 62 of the law of 2023, to provide where a policy provides coverage
for physician services, it shall include benefits for outpatient care
provided by a creative arts therapist.
Section 4 will amend paragraph 2 of subsection (g) of section 4303 of
the insurance law, as amended by chapter 62 of the laws of 2023, to
provide where a contract provides coverage for physician services such
contract shall provide benefits for outpatient care provided by a crea-
tive arts therapist.
Section 5 will amend subsection (n) of section 4303 of the insurance
law, as amended by chapter 62 of the laws of 2023, to provide every
health service or medical expense indemnity corporation issuing a group
contract pursuant to this section of a group remittance contract for
delivery in this state which contract provides reimbursement to
subscribers or physicians, psychiatrists or psychologists for psychiat-
ric or psychological services of for the diagnosis and treatment of
mental health conditions, however defined in such contract, must provide
the same coverage under the group contract for such services when
performed by a creative arts therapist.
Section 6 is the effect
 
JUSTIFICATION:
This bill is an expansion to Chapter 62 of the laws of 2023 and would
require insurers to reimburse creative arts therapists licensed under
article 163 of the education law in addition to psychiatrists and
psychologists. This change will continue to serve the intent of
Timothy's Law by making needed mental health services available to more
patients. It will benefit rural areas especially, where a patient may
have limited access to a psychiatrist or psychologist. This amendment
will ensure that a patient is not denied mental health services because
the currently enumerated providers are located too far from the
patient's home, or the patient is unable to afford the out of pocket
expense of a mental health practitioner. In addition, this bill would
amplify patient choice by increasing the variety and number of reimburs-
able providers available to treat mental health disorders.
 
LEGISLATIVE HISTORY:
New Legislation
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S6362: 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(l) insurance law, 4303 insurance law, 4303(g) insurance law, 4303(n) insurance law