BILL NUMBER: S5204
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to enact the Health Care Nondiscrimination Act of 2025
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill seeks to redress the historic bias against non-pharmacologi-
cal-based healthcare in New York by removing barriers and enhancing
access to such services, thus allowing residents the freedom to seek the
care, treatment and licensed provider of their choosing.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill provides the short title, the "Health Care Nondis-
crimination Act of 2023". Section 2 of the bill states the legislative
intent.
Section 3 of the bill provides definitions for the purposes of this act.
Section 4 of the bill requires insurance coverage and health plans to
implement equality and non-discrimination between licensed health care
providers.
Section 5 of the bill requires fee parity between different classes of
licensed providers providing the similar or like-kind services.
Section 6 of the bill requires practitioners to discuss and, as appro-
priate, refer or prescribe non-pharmacological treatment alternatives
before prescribing an opioid treatment.
Section 7 of the bill allows any licensed health care provider to
perform certain services, including certifying disability and employment
by school districts.
Section 8 of the bill provides for the enforcement and penalties for
violating this act. Section 9 of the bill sets forth the effective date.
 
JUSTIFICATION:
All residents should have freedom to seek the care, treatment and
provider of their choosing with respect to their healthcare if treatment
of a health condition is within a licensed health care provider's scope
of practice. Given the historic bias against non pharmacological-based
healthcare in New York, it shall be the policy of the state to redress
this imbalance by removing barriers and enhancing access to such
services.
First, a health insurance plan or health benefit should not discriminate
against licensed, non-pharmacological-based healthcare providers regard-
ing fee reimbursement or payment for the provision of similar or like
kind health care services.
Second, to further reverse this bias and promote public health, the
state should promote licensed, non-pharmacological-based healthcare
services to ensure that the public has full and unfettered access to the
evidence-based benefits of such services, including the treatment of
substance abuse disorders to combat the opioid crisis.
Third, all residents should have equal access to non-pharmacological
based healthcare alternatives, whether through self-funded health care
plans or plans which are fully funded through insurance, or other
contracts, when making personal healthcare decisions.
Finally, to better ensure compliance and enforcement, the departments of
health, financial services and labor should have the ability to impose
substantial fines and penalties against insurers, health care plans and
health care organizations that continue to deny patients' freedom of
choice regarding their healthcare.
 
PRIOR LEGISLATIVE HISTORY:
2024; Held in Senate Health Committee.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Yet to be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.