New York State Assembly

 
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A08994 Summary:

A08994 Actions:

A08994 Committee Votes:

Committee:SOCIAL SERVICES   Chair:Hevesi      
DATE:01/22/2020AYE/NAY:13/5  Action: Favorable         
Hevesi
Aye
Walczyk
Nay
Aubry
Aye
Goodell
Nay
Kim
Aye
Stec
Nay
Solages
Aye
LiPetri
Nay
Pichardo
Aye
Salka
Nay
Davila
Aye
Barron
Aye
Joyner
Aye
Hunter
Aye
Rosenthal
Aye
Fernandez
Aye
Eichenstein
Aye
Reyes
Aye

A08994 Floor Votes:

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.

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

A08994 LFIN:

 
NO LFIN

A08994 Chamber Video/Transcript: