A08994 Summary:

BILL NOA08994
 
SAME ASSAME AS S07207
 
SPONSORHevesi (MS)
 
COSPNSRGlick, Jaffee, Barron, Colton, Mosley, Epstein, Buttenschon, Otis, Santabarbara, Seawright, Reyes, Gottfried
 
MLTSPNSRCook
 
Amd 332-b, Soc Serv L
 
Establishes factors and requirements to be considered when a health care practitioner's opinion differs from that of an applicant's treating health care practitioner's opinion as to an applicant's disability.
Go to top    

A08994 Actions:

BILL NOA08994
 
01/08/2020referred to social services
01/22/2020reported
01/23/2020advanced to third reading cal.346
01/29/2020passed assembly
01/29/2020delivered to senate
01/29/2020REFERRED TO SOCIAL SERVICES
Go to top

A08994 Committee Votes:

SOCIAL SERVICES Chair:Hevesi DATE:01/22/2020AYE/NAY:13/5 Action: Favorable
HevesiAyeWalczykNay
AubryAyeGoodellNay
KimAyeStecNay
SolagesAyeLiPetriNay
PichardoAyeSalkaNay
DavilaAye
BarronAye
JoynerAye
HunterAye
RosenthalAye
FernandezAye
EichensteinAye
ReyesAye

Go to top

A08994 Floor Votes:

DATE:01/29/2020Assembly Vote  YEA/NAY: 102/34
AbbateYCrespoYFrontusYLentolYPaulinYSimonY
AbinantiYCrouchNOGalefYLiftonYPeoples-StokesYSimotasY
ArroyoYCruzYGanttERLiPetriNOPerryYSmithNO
AshbyYCusickYGarbarinoNOLupardoYPheffer AmatoYSmullenNO
AubryYCymbrowitzYGiglioNOMagnarelliYPichardoYSolagesY
BarclayNODarlingYGlickYMalliotakisERPretlowYStecNO
BarnwellYRaynorYGoodellNOManktelowNOQuartYSteckY
BarrettYDavilaERGottfriedYMcDonaldYRaNOSternY
BarronYDe La RosaYGriffinYMcDonoughERRamosYStirpeY
BenedettoYDenDekkerYGuntherYMcMahonYReillyYTagueNO
BichotteYDeStefanoERHawleyNOMikulinNOReyesYTaylorY
BlakeYDickensYHevesiYMill B NORichardsonYThieleY
BlankenbushNODilanYHunterYMill MGYRiveraYVanelY
BrabenecNODinowitzERHyndmanYMill MLYRodriguezERWalczykNO
BraunsteinNODiPietroNOJacobsonYMontesanoNORomeoERWalkerY
BronsonYD'UrsoYJaffeeYMorinelloNORose D YWallaceY
BuchwaldYEichensteinYJean-PierreYMosleyYRose L YWalshNO
BurkeEREnglebrightYJohnsYNiouYRozicYWeinsteinY
ButtenschonYEpsteinYJonesNONolanYRyanYWeprinY
ByrneNOFahyYJoynerYNorrisNOSalkaYWilliamsY
ByrnesNOFallYKimYO'DonnellYSantabarbaraYWoernerNO
CahillYFernandezYKolbEROrtizYSayeghYWrightY
CarrollYFinchERLalorNOOtisYSchimmingerERZebrowskiY
ColtonYFitzpatrickNOLavineYPalmesanoNOSchmittNOMr SpkrY
CookYFriendNOLawrenceNOPalumboYSeawrightY

Go to top

A08994 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8994
 
SPONSOR: Hevesi (MS)
  TITLE OF BILL: An act to amend the social services law, in relation to establishing factors to be considered when a health care practitioner upon examina- tion has a different opinion from an applicant's treating health care practitioner's opinion as to an applicant's disability   PURPOSE OR GENERAL IDEA OF BILL: To ensure that the opinions and determinations of a public assistance applicant's treating health care practitioner are given sufficient weight when making disability determinations.   SUMMARY OF PROVISIONS: Section 1 amends section 332-b of the social services law by adding a new subdivision 4-b.Section 2 is the effective date.   JUSTIFICATION: If an individual applying for public assistance has work limitations, disabilities, or health issues which have been identified by their treating health care practitioner, their diagnosis and recommendations should be considered to be accurate, in the absence of any contradictory findings. As the current law is written, there is little weight given to the treating health care practitioner's opinion, and if not supplied in a very timely fashion, is not even considered in making a determination on work limitations.The social services appointed examining practitioner only sees the applicant for one short assessment, which is not always sufficient in exploring many complicated issues related to work limita- tions. If the applicant's treating health care practitioner has been following him or her for a long period of time, they most likely have established enough of a relationship with their patient which would allow for the discovery of hidden disabilities that the examiner may never find. It is for this reason that, under current law, if the exam- iner makes any findings contrary to the treating health care practition- er's diagnosis, the reasons for the differing diagnosis should have to be defended and explicitly stated in writing.   PRIOR LEGISLATIVE HISTORY: 2019: A4236 (Hevesi, Veto 179); 2017-2018: A3045(Hevesi); 2015-2016: A3450(Wright); 2013-2014: A2960; 2011-2012: A2957; 2009-2010: A1417; 2007-2008: A7946   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
Go to top

A08994 Text:



 
                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  exam-
          ination  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  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  332-b  of  the social services law is amended by
     2  adding a new subdivision 4-b to read as follows:
     3    4-b. In the event the practitioner to whom the individual is  referred
     4  pursuant to subdivision four or paragraph (b) of subdivision two of this
     5  section  issues  an  opinion  that differs from the applicant's treating
     6  health care practitioner's opinion, the applicant's treating health care
     7  practitioner's opinion is generally controlling,  subject  to,  but  not
     8  limited to, the following factors:
     9    (a) the length and frequency of the treatment provided,
    10    (b) consistency of the opinion with the record as a whole,
    11    (c) the degree to which the opinion is supported by concrete evidence,
    12  and
    13    (d) the practitioner's specialty.
    14    §  2.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01067-02-0
Go to top

A08994 LFIN:

 NO LFIN
Go to top

A08994 Chamber Video/Transcript:

1-29-20Video (@ 01:27:52)Transcript pdf Transcript html
Go to top