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NY A02957
Bill
Status
6/20/2012
Primary Sponsor
Keith Wright
Click for details
AI Summary
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Amends Social Services Law Section 332-b to require explicit written determinations when an examining health care practitioner's disability opinion differs from an applicant's treating health care practitioner's opinion.
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Mandates the examining practitioner provide evidence supporting their disagreement with the treating practitioner's disability determination.
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Establishes that the treating health care practitioner's opinion is generally controlling when opinions differ, subject to consideration of: treatment length and frequency, consistency with the overall medical record, degree of evidentiary support, and the practitioner's specialty.
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Takes effect 90 days after becoming law.
Legislative Description
Provides factors to be considered when a health care practitioner's opinion differs from that of referral's treating health care practitioner as to a disability; requires such health care practitioner to provide an explicit written determination and to present evidence when such practitioner's diagnosis differs from that of the treating health care practitioner who referred the patient.
Last Action
REFERRED TO RULES
6/20/2012