NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6323
SPONSOR: Bronson TITLE OF BILL:
An act to amend the social services law, in relation to making care and
services provided by licensed mental health practitioners eligible for
coverage under the Medicaid program
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to enable mental health practitioners
licensed pursuant to Article 163 of the Education law to bill Medicaid
directly for their services.
SUMMARY OF SPECIFIC PROVISIONS:
Section one would amend Subdivision 2 of section 365-a of the social
services law to enable mental health practitioners licensed pursuant to
Article 163 of the Education law to bill Medicaid directly for their
services.
Section two is the effective date.
JUSTIFICATION:
This bill would allow licensed mental health practitioners to bill Medi-
caid directly for the services they provide. The status quo of excluding
mental health practitioners licensed under Article 163 of the Education
law from recognized providers within the Medicaid program results in
undue hardship for individuals, families, and communities, and a lack of
transparency in Medicaid billing. According to the National Institute
of Mental Health, approximately one in four American adults suffers from
a mental illness, making the work performed by all mental health profes-
sionals, including licensed mental health practitioners, crucial to the
provision of healthcare. Individuals should be able to receive treat-
ment.
PRIOR LEGISLATIVE HISTORY:
2013-2014: A9678 - Referred to Health;
2015-2016: A9477-A -Referred to Health; A10707 of
2017-18: passed the Assembly A648 of
2019-20: Veto 145
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninety-first day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6323
2021-2022 Regular Sessions
IN ASSEMBLY
March 12, 2021
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to making care and
services provided by licensed mental health practitioners eligible for
coverage under the Medicaid program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 365-a of the social services law
2 is amended by adding a new paragraph (gg) to read as follows:
3 (gg) care and services provided by mental health practitioners
4 licensed pursuant to article one hundred sixty-three of the education
5 law acting within their scope of practice, where such services would
6 otherwise be covered under this title. Nothing in this paragraph shall
7 be construed to modify or expand the scope of practice of a mental
8 health counselor, marriage and family therapist, creative arts therapist
9 or psychoanalyst licensed pursuant to article one hundred sixty-three of
10 the education law.
11 § 2. This act shall take effect on the ninetieth day after it shall
12 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05167-01-1
