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NY A07704

Bill

Status

Engrossed

6/10/2021

Primary Sponsor

Nathalia Fernandez

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Part A establishes behavioral health parity requirements effective January 1, 2023, by renaming "Office of Alcoholism and Substance Abuse Services" to "Office of Addiction Services and Supports" throughout insurance law sections 3216, 3221, and 4303.

  • Part A eliminates preauthorization and concurrent utilization review for the first 28 days of inpatient substance use disorder treatment and first 4 weeks (28 visits) of outpatient substance use disorder treatment at licensed facilities, provided facilities notify insurers within two business days using a standardized form.

  • Part A requires treatment facilities to perform daily clinical review and consult periodically with insurers by day 14 regarding patient progress, treatment course, and discharge plans; insurers must actively participate in these consultations and process claims within statutory timeframes.

  • Part A grants private right of action to individuals injured by violations, allowing them to recover actual damages or $1,000 (whichever is greater) plus up to $5,000 additional damages if willful violation is found, with potential recovery of attorney's fees.

  • Part B, effective immediately, eliminates prior authorization requirements for initial and renewal prescriptions for buprenorphine, methadone, long-acting injectable naltrexone, and opioid overdose reversal medications across all insurance plans.

Legislative Description

Relates to behavioral health parity; requires facilities to perform daily clinical review of a patient and consult periodically with the insurer regarding the patient's progress, course of treatment, and discharge plan; requires insurers to actively participate in facility-initiated periodic consultations prior to the patient's discharge; makes related provisions (Part A); provides that no policy shall require prior authorization for an initial or renewal prescription for drugs for the detoxification or maintenance of a substance use disorder; makes related provisions (Part B).

Last Action

REFERRED TO HEALTH

5/16/2022

Committee Referrals

Health5/16/2022
Rules6/10/2021
Rules6/10/2021
Ways and Means6/7/2021
Codes5/25/2021
Insurance5/20/2021

Full Bill Text

No bill text available