Legislation Affecting Behavioral Health
July 06, 2018
Our series highlighting recent activity by the NYS Legislature continues with a recap of bills passed in 2018 that relate to behavioral health. This synopsis follows previous summaries we have done concerning pharmacy (here), hospitals (here), long term care and aging (here).
Except where otherwise noted, these bills await action by the Governor.
Mental Health and Substance Use Disorder Parity Report (A3694-C by Assemblymember Gunther / S1156-C by Senator Ortt): This legislation would establish the Mental Health and Substance Use Disorder Parity Report Act, which, beginning September 1, 2019, would require the Department of Financial Services (DFS) to include in the annual Consumer Guide to Health Insurers (here) information concerning insurers’ and health plans’ compliance with NYS and federal requirements for the provision of mental health and substance use disorder treatment.
Insurers and plans would be required to annually provide the DFS and Department of Health (DOH) all of the information necessary to prepare the report, including:
- Rates of utilization review for mental health and substance use disorder (SUD) claims as compared to medical and surgical claims, including the rates of approval and denial, categorized by benefits provided by the following classifications: inpatient in-network, inpatient out-of-network, outpatient in-network, outpatient out-of-network, emergency care, and prescription drugs;
- The number of prior or concurrent authorization requests for mental health and SUD services and the number of denials, compared with similar authorization requests for medical and surgical services, categorized by the same classifications noted above;
- Rates of appeals, adverse determinations, adverse determinations upheld and overturned for mental health and SUD services, as well as such rates for medical and surgical claims;
- The percentage of claims paid for in-network and out-of-network mental health and SUD services compared with in-network and out-of-network medical and surgical services;
- The number of behavioral health advocates or staff that are available to assist policyholders with mental health and SUD benefits, pursuant to an agreement with the Attorney General’s office;
- A comparison of cost sharing requirements, co-payments, co-insurance, and benefit limitations between mental health and SUD services and medical and surgical services;
- The number and type of providers licensed in NYS that provide mental health and SUD services in-network and the number of providers that are out-of-network;
- The percentage of providers of services for mental health and SUD who remained participating providers; and
- Any other information DFS determines necessary to track mental health and SUD parity, including but not limited to an evaluation of: the company’s in-network mental health and SUD provider panels and reimbursement practices for in-network and out-of network services compared with those of medical and surgical services.
Discharge Planning for Individuals with Mental Health Disorder (A10644 by Assemblymember Gunther / S8769 by Senator Ortt): This legislation would require the Office of Mental Health (OMH), in conjunction with DOH, to develop guidance and educational materials regarding effective discharge planning for individuals with a mental health disorder. Information will be provided to hospitals across NY and would also be provided to individuals with a documented mental health disorder or those who appear be at risk for a mental health disorder during the discharge planning process. This legislation was previously highlighted in our post on legislation affecting hospitals (here).
Maternal Depression Treatment (A8953 by Assemblymember Richardson / S7409 by Senator Krueger): This legislation makes technical amendments to Chapter 463 of 2017 (S4000/A8398), which would have required DOH, in collaboration with the OMH, to compile and maintain a list of providers who treat maternal depression, and ensure adequate investment in treatment resources, including a statewide hotline, peer support, adequate referral networks and telehealth or telemedicine services. This bill amends that law to instead require DOH, in consultation with OMH, to simply “inform providers of the need to raise awareness and work to address maternal depression,” and to provide information on their websites to assist people in locating mental health professionals, other licensed professionals, peer support, not-for-profit corporations and other community resources that treat or provide support for maternal depression. The bill was signed by the Governor on June 1, 2018.
Mental Health and Home Care Collaboration (A10938 by Assemblymember Gunther / S8632 by Senator Ortt): This legislation would allow the existing Geriatric Service Demonstration Program, which provides grants to providers of mental health care to the elderly (here) to foster and support collaboration between mental health providers and home care services, including certified home health agencies and licensed home care service agencies. It is intended to help promote integrated physical and mental health care services in NYS communities for individuals with co-occurring physical and mental health needs.
Tick-Borne Disease Study (A9019-A by Assemblymember Gunther / S7171-A by Senator Serino): This legislation would require DOH, in conjunction with OMH, to conduct a tick-borne diseases and blood-borne pathogen impact study to examine their impact on mental illness rates in endemic areas of the state. This report would be due by October 1, 2019 and would detail:
- Considerations on how Lyme, tick-borne illnesses and other blood-borne pathogens or vector-borne diseases may have correlations with mental illness in infected individuals;
- Populations at risk, including individuals that work outside or that have elevated exposure risks;
- Diagnostic indicators of mental illness that can be used as guidance for health and mental health providers;
- Historical considerations of infection rates and mental illness indicators that may have gone undiagnosed or misdiagnosed in endemic areas; and,
- Recommendations for intervention and coordinated care for individuals who exhibit mental illness symptoms and also have physical health indicators.
Effects of Trauma on Child Development (A10063-B by Assemblymember Joyner / S8000-B by Senator Bailey): This legislation would require the Commissioner of Education to conduct a study on the effects of trauma on child development and learning. The study would include, but not be limited to, the following information:
- The types of trauma experienced by students;
- The impacts of trauma on child development and learning;
- Screening and assessments of trauma available in schools;
- Programs, interventions, and services related to trauma available in schools; and
- Best practices for school personnel in the area of trauma as it relates to child development and learning.
The State Education Department (SED) would be required to submit its findings and recommendations to the Governor and NYS Legislature within one year.
Suicide Prevention Education (A3210-A by Assemblymember Ortiz / S5860-A by Senator Ritchie): This legislation would require OMH, in consultation with SED, to develop and publish educational materials regarding suicide prevention measures and signs of depression among students in NYS universities, community colleges, and city universities. Such educational materials would include, but not be limited to:
- Information regarding symptoms of depression;
- How depression manifests itself in different cultures;
- Warning signs of suicide;
- Actions to take once a student is identified at risk of suicide; and
- A list of educational websites regarding suicide and students attending university or college.
These educational materials would be available to faculty and staff in these educational institutions via the OMH website and by any other means OMH deems appropriate, within 90 days after it is signed into law.
Adolescent Suicide Prevention (A8961 by Assemblymember De La Rosa / S7322 by Senator Alcantara): This legislation makes technical amendments to Chapter 436 of 2017 (S5500-C/ A7225-B), which would have established a nine-member Adolescent Suicide Prevention Advisory Council to facilitate the coordination of adolescent suicide prevention services. As outlined in the Governor’s 2017 approval memo, the bill presented implementation challenges. The current bill would repeal the prior bill and instead require OMH to assure the development of plans, programs, and services in the research and prevention of suicide, to reduce suicidal behavior and deaths through consultation, training, implementation of evidence-based practices, and use of suicide surveillance data. OMH would develop such plans, programs, and services in cooperation with other agencies and departments in NYS, local governments, community organizations, entities, and individuals. OMH would also consider the impact of differing demographic groups, gender, race and ethnicity, cultural and language needs.
Substance Use Education (A7470 by Assemblymebmer Davila / S8318 by Senator Comrie): This legislation would require the Office of Alcoholism and Substance Abuse Services (OASAS), in consultation with SED, to develop educational materials to be provided to school districts and boards of cooperative educational services for use in any drug and alcohol related curriculum regarding the misuse and abuse of alcohol, tobacco, prescription medication and other drugs. These materials would be age appropriate, and to the extent practicable, include information for parents to identify the warning signs and to address the risks of substance abuse.
Additionally, the bill would require the Superintendent of each school district, in consultation with the related district superintendent of a board of cooperative educational services, to designate a member of the school district’s staff or an employee to provide information to any student, parent, or staff regarding available substance use related services. Where practicable, this individual should be a school social worker, school guidance counselor, or any other health practitioner or counselor employed by the school. These designated individuals will be required to undergo any necessary training required by OASAS. Information received by designated individuals would be kept confidential, however, nothing would relieve them of any legal duty to otherwise report such information.
Substance Abuse Disorder Referrals (A7689-A by Assemblymember Rosenthal / S6544-B by Senator Akshar): This legislation would prohibit any SUD provider from intentionally soliciting, receiving, accepting or agreeing to receive payment, benefit, or any other consideration to induce the referral of a potential patient for SUD services. This legislation does not prohibit:
- Lawful payments by a health maintenance organization or health insurer acting on behalf of their enrollees for such SUD services or benefits to be provided;
- Lawful payments to or by a provider to a health maintenance organization or health insurer as payment for services provided, a refund for an overpayment, a participating provider fee, or any similar remuneration;
- Payment for an activity that, at the time of such activity, would have been lawful as specifically exempt, or otherwise not prohibited under any federal statute or regulations, including but not limited to 42 U.S.C. § 1320a-7b, or the regulations promulgated thereafter if conducted by a person, firm, partnership, group, practice, association, fiduciary, employer representative or any other entity providing SUD services;
- Any employee or representative of a provider conducting marketing activities, where the employee or representative identifies the provider represented for whom the employee works, identifies themselves as a marketer and not a clinician or individual who can provide diagnostic, counseling or assessment services;
- Commissions, fees or other remuneration lawfully paid to insurance agents as provided under the Insurance Law.
Providers who intentionally violate these provisions would be guilty of a misdemeanor as defined under the Penal Law.
OASAS Provider Directory (A8151 by Assemblymember Rosenthal / S8552 by Senator Golden): This legislation would require OASAS to maintain a directory of all providers and programs operated, licensed, or certified on their website. The searchable directory would include the following information:
- Location(s) of each provider or program;
- Contact information for each provider or program;
- Services offered by each provider or program at each location of the provider or program, as well as which medications are available at any medication-assisted treatment provider;
- Special populations served;
- Insurance accepted;
- Availability of beds and services; and
- Any other information OASAS deems appropriate.
Medical Marihuana as Alternate Treatment for Substance Use Disorder (A11011B Rules, Assemblymember Gottfried / S8987-A by Senator Amedore): As we previously reported in another blog post, this legislation would help provide alternative treatment options for pain management and substance use disorder by including “pain that degrades health and functional capability where the use of medical marihuana is an alternative to opioid use” and “substance use disorder” to the list of qualifying conditions for patients to access medical marihuana.
Notice of Service Reductions at State-Operated Hospitals (A9563-A by Assemblymember Gunther / S7207 by Senator Ortt): This legislation amends the notice requirements to local governments, community organizations and other interested parties regarding the potential for significant service reductions at state-operated hospitals. The bill would require notice of closure or significant service reductions at state operated hospitals and state operated research institutes be a maximum length of twenty-four months prior to commencing such service reduction. This legislation is intended to allow appropriate planning to take place and ensure a thoughtful transition plan is developed for all affected stakeholders.
Continuing Education for Psychologists (A9072-A by Assemblymember Fahy / S7398-A by Senator Valesky): This legislation would require psychologists to obtain a minimum of 36 hours of mandatory continuing education, including 9 hours of professional ethics, every 3 years.
For additional information on any of the foregoing bills, please do not hesitate to contact Farrell Fritz’s Regulatory & Government Relations Practice Group at 518.313.1450 or NYSRGR@FarrellFritz.com.