New York State Assembly

 
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A00299 Summary:

A00299 Actions:

A00299 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:01/26/2021AYE/NAY:26/0  Action: Favorable refer to committee Ways and Means        
Gottfried
Aye
Byrne
Aye
Galef
Aye
McDonough
Aye
Dinowitz
Aye
Byrnes
Aye
Cahill
Aye
Ashby
Aye
Paulin
Aye
Miller
Aye
Cymbrowitz
Aye
Salka
Aye
Gunther
Aye
Jensen
Aye
Rosenthal L 
Aye
Hevesi
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Solages
Aye
Bichotte Hermel
Aye
Barron
Aye
Sayegh
Aye
Rosenthal D 
Aye
McDonald
Aye
Reyes
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/11/2021AYE/NAY:34/0  Action: Favorable         
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Nolan
Excused
Hawley
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Norris
Aye
Cook
Aye
Brabenec
Aye
Cahill
Aye
Palmesano
Aye
Aubry
Aye
Byrne
Aye
Cusick
Aye
Ashby
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

A00299 Floor Votes:

A00299 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A299B
 
SPONSOR: Gottfried

 
TITLE OF BILL:
 
An act to amend the social services law, in relation to including
applied behavioral analysis under standard coverage for Medicaid recipi-
ents
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To provide Medicaid beneficiaries access to applied behavior analysis
services, comparable to commercial insurance coverage.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 adds paragraph (jj) to subdivision 2 of section 365-a of the
social services law, adding coverage of applied behavior analysis to the
standard Medicaid benefits.

Section 2 is the effective date. This act shall take effect on the one
hundred eightieth day after it shall have become a law. Effective imme-
diately, the commissioner of health shall make regulations and take
other actions reasonably necessary to implement this act on that date.
 
 
JUSTIFICATION:
 
Applied behavior analysis (ABA) was added to New York commercial insur-
ance coverage requirements in 2011, but it is still not included in the
Social Services Law for the Medicaid program. Although the Legislature
and Executive agreed to add the benefit administratively in 2019, this
language must be added to the statute in order to guarantee the thou-
sands of New Yorkers who would qualify for this service and rely on
Medicaid for health insurance the same access as those who have commer-
cial coverage.
 
ABA is the design, implementation and evaluation of modifications to
produce socially significant improvements in human behavior. ABA inter-
ventions are supported by scientific evidence as medically necessary for
people with autism spectrum disorder (ASD), and they are covered based
on a written prescription from a physician or psychologist who states
that those services are medically necessary to develop, maintain, or
restore the functioning of the individual.
 
As outlined in a July 7, 2014, Centers for Medicare and Medicaid (CMS)
bulletin, states are obligated under section 1905(a)(4)(B) of the Social
Security Act to provide Early and Periodic Screening, Diagnostic and
Treatment (EPSDT) benefits for children and must cover all medically
necessary services, including applied behavioral analysis, to correct or
ameliorate defects and physical and mental illnesses or conditions. This
bill will bring New York in line with the rest of the country and make
it clear that ABA services will be a covered benefit under the Medicaid
program when provided by persons licensed, certified, exempt, or other-
wise authorized under Article 167 of the Education Law, which is the
same language in the commercial insurance requirement and includes
certain unlicensed individuals participating in the delivery of ABA
services as part of a multidisciplinary team.
 
 
As the number of children who need ABA services rises, New York must
ensure that our most vulnerable have access to these lifesaving services
now and in the future.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2017-2018: A.11073 referred to ways & means committee
2019-2020: A.2802 referred to ways & means committee
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
TBD
 
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the commissioner of
health shall make regulations and take other actions reasonably neces-
sary to implement this act on that date.

A00299 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         299--B
                                                                 Cal. No. 21
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M. of A. GOTTFRIED, ABINANTI, SANTABARBARA, FAHY, ASHBY,
          SAYEGH, DeSTEFANO -- read once and referred to the Committee on Health
          -- reported and referred to the Committee on Ways and Means -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted  to  said  committee -- ordered to a third reading, amended and
          ordered reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the  social  services  law,  in  relation  to  including
          applied  behavioral  analysis  under  standard  coverage  for Medicaid
          recipients
 
          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 (jj) to read as follows:
     3    (jj) applied behavior analysis, under article one hundred  sixty-seven
     4  of  the  education  law,  provided  by  a person licensed, certified, or
     5  otherwise authorized to provide applied  behavior  analysis  under  that
     6  article.
     7    § 2. This act shall take effect on the one hundred eightieth day after
     8  it  shall  have become a law. Effective immediately, the commissioner of
     9  health shall make regulations and take other actions  reasonably  neces-
    10  sary to implement this act on that date.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00231-05-1

A00299 LFIN:

 
NO LFIN

A00299 Chamber Video/Transcript: