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NY S04641
Bill
Status
12/6/2019
Primary Sponsor
Roxanne Persaud
Click for details
AI Summary
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Amends Social Services Law Section 332-b to establish that a treating health care practitioner's opinion is generally controlling when it differs from a referral practitioner's opinion regarding an applicant's disability.
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Requires consideration of four specific factors when opinions conflict: length and frequency of treatment provided, consistency of opinion with the medical record, degree of support from concrete evidence, and the practitioner's specialty.
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Applies to situations where an individual is referred to another practitioner under existing provisions of Social Services Law Section 332-b.
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Takes effect 90 days after becoming law.
Legislative Description
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.
Last Action
VETOED MEMO.179
12/6/2019