Sponsor:
BRESLIN
Committee: FINANCE
Law Section: Insurance Law
Committee: FINANCE
Law Section: Insurance Law
S7000A Summary
Requires that individual accident and health insurance policies shall provide coverage for screening, diagnosis and treatment of autism spectrum disorder.S7000A Actions
S7000B - PASSED ASSEMBLY - Jun 21, 2010S7000B - RETURNED TO SENATE - Jun 21, 2010
S7000B - ORDERED TO THIRD READING RULES CAL.151 - Jun 15, 2010
S7000B - REFERRED TO WAYS AND MEANS - Jun 10, 2010
S7000B - PASSED SENATE - Jun 9, 2010
S7000B - DELIVERED TO ASSEMBLY - Jun 9, 2010
S7000B - REPORTED AND COMMITTED TO RULES - Jun 8, 2010
S7000B - ORDERED TO THIRD READING CAL.892 - Jun 8, 2010
S7000B - AMEND AND RECOMMIT TO FINANCE - Jun 4, 2010
S7000B - PRINT NUMBER 7000B - Jun 4, 2010
S7000A - REPORTED AND COMMITTED TO FINANCE - Jun 2, 2010
S7000B - REPORTED AND COMMITTED TO CODES - Mar 22, 2010
S7000B - AMEND AND RECOMMIT TO INSURANCE - Mar 18, 2010
S7000B - PRINT NUMBER 7000A - Mar 18, 2010
S7000 - REFERRED TO INSURANCE - Mar 5, 2010
S7000A Committee Meetings
Codes: Jun 2, 2010: Chair: Eric T. Schneiderman
/ Location: Room 123 CAP
Finance: Jun 7, 2010: Chair: Carl Kruger
/ Location: Off the Floor
Insurance: Mar 22, 2010: Chair: Neil D. Breslin
/ Location: Room 124 CAP
Insurance: Mar 22, 2010: Chair: Neil D. Breslin
/ Location: Room 124 CAP
S7000A Votes
Vote: Committee
- Insurance
- Mar 22, 2010
Ayes (13): BRESLIN, DIAZ, PARKER, SAMPSON, THOMPSON, JOHNSON C, ESPADA, LAVALLE, LARKIN, LEIBELL, GOLDEN, YOUNG, MCDONALD
Ayes W/R (2): KRUGER, ALESI
Nays (2): STACHOWSKI, SEWARD
Vote: Committee
- Codes
- Jun 2, 2010
Ayes (15): SCHNEIDERMAN, BRESLIN, DUANE, PARKER, HUNTLEY, SAMPSON, KLEIN, PERKINS, SQUADRON, SALAND, DEFRANCISCO, BONACIC, GOLDEN, LANZA, FLANAGAN
Nays (1): VOLKER
S7000A Memo
BILL NUMBER: S7000A
TITLE OF BILL : An act to amend the insurance law and the public health law, in relation to coverage for the screening, diagnosis and treatment of autism spectrum disorder
PURPOSE : To expand health insurance coverage for the screening, diagnosis and treatment of autism spectrum disorders.
SUMMARY OF PROVISIONS : Amends
Sections 3216, 3221 and 4303 of the Insurance Law to provide coverage for the screening, diagnosis and treatment of autism spectrum disorders. Provides that coverage may be subject to annual deductibles, copayments and coinsurance as may be deemed appropriate by the superintendent and shall be consistent with those imposed on other benefits under the contract. Provides that the legislation shall not be construed as limiting the benefits that are available to an individual under a health insurance policy.
Provides that coverage may be subject to utilization review of health care services, including the review of medical necessity, case management, and other managed care provisions. Defines "autism spectrum disorder" as a group of neurobiological conditions defined in the Diagnostic and Statistical Manual of Mental Disorders IV Revised, or its successor, as pervasive developmental disorders, or a group possessing substantially the same characteristics as pervasive developmental disorders. Provides that the commissioner of health, in consultation with the superintendent of insurance, commissioner of the office of mental retardation and developmental disabilities and commissioner of the office of mental health shall promulgate regulations which establish which treatment and therapy options insurers shall cover for the diagnosis and treatment of autism spectrum disorders. Provides that until the commissioner promulgates such regulations insurers shall cover the treatment and therapy options for the diagnosis and treatment of autism spectrum disorders established and adopted by the American Academy of Pediatrics. Provides that coverage for behavioral therapies required pursuant to the legislation shall not be denied on the basis that such therapies are educational or habilitative in nature unless such treatments are provided pursuant to an individualized family service plan, an individualized education program or an individualized service plan. Provides that the provision of services pursuant to an individualized family service plan, an individualized education program or an individualized service plan shall not affect coverage under the policy for services provided on a supplemental basis outside of an educational setting if such services are deemed medically necessary. Provides that this legislation will not affect any obligation to provide services to an individual under an individualized family service plan or individualized education program or an individualized service plan. Provides that nothing in the legislation shall be construed to prevent a contract from providing services through a network of participating providers who shall meet certain requirements for participation, including provider credentialing. Provides that the act shall take effect on the first clay of January next succeeding the date on which it shall have become law and shall apply to all policies or contracts issued, renewed, modified, altered or amended on and after such effective date.
JUSTIFICATION : This legislation will close a significant gap in insurance coverage for individuals with autism. The Centers for Disease Control (CDC) have now estimated that the number of children with autism is 1 in 110 nationwide. (Prior CDC estimates had been 1 in 150). Existing state law requires that insurance coverage for autism "not exclude" the diagnosis and treatment of autism spectrum disorder. Current law does not provide clarity to consumers or insurers as to the scope of required coverage and does not establish a regulatory process whereby the Commissioner of Health is authorized to promulgate rules which identify treatment and therapy options. This bill affirmatively requires policies to provide such coverage for individuals with autism spectrum disorder throughout their entire life span. The bill also provides for an updated definition of the term "autism spectrum disorder". The bill amends existing provisions of the insurance law to require coverage under health insurance policies issued by indemnity and nonprofit insurers, as well as health maintenance organizations. Coverage would specifically be required for the group of neurological conditions know as "autism spectrum disorder", limited only by whatever restrictions are otherwise contained in the policy. Coverage would also be subject to utilization review, medical necessity determinations and appropriate case management.
The Commissioner of Health, in consultation with the Insurance Superintendent and the Commissioners of Mental Health and Mental Retardation and Developmental Disabilities, is charged with responsibility for promulgating regulations identifying treatment and therapy options. Until such time as such regulations are issued, coverage will be according to treatment guidelines issued by the American Academy of Pediatrics. The legislation insures that only those treatments and therapies which have been determined by recognized medical authority as evidence-based and clinically proven will be covered. The legislation also insures that services already being provided to children pursuant to an individualized family service plan under section 2545 of the public health law or an individualized education program under article 89 of the education law, are not included within this mandate. As such, the bill is crafted to insure that significant existing gaps in coverage are closed, while at the same time insuring that only evidence-based and clinically proven treatments are covered, thereby limiting the overall cost of this expanded coverage.
LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : Anticipated to result in savings to the State.
EFFECTIVE DATE : This act shall take effect on the first day of January next succeeding the date on which it shall have become law and shall apply to all policies or contracts issued, renewed, modified, altered or amended on an after such effective date.
S7000A Text
S T A T E O F N E W Y O R K7000--A
I N SENATE March 5, 2010
Introduced by Sens. BRESLIN, DUANE, C. JOHNSON, FOLEY, FUSCHILLO, HUNT LEY, MORAHAN, McDONALD, HASSELL-THOMPSON, ADAMS, ADDABBO, BONACIC, DeFRANCISCO, DIAZ, DILAN, ESPADA, GOLDEN, GRIFFO, HANNON, O. JOHNSON, KRUEGER, KRUGER, LANZA, LAVALLE, LITTLE, MARCELLINO, MAZIARZ, MONTGOM ERY, NOZZOLIO, ONORATO, OPPENHEIMER, PADAVAN, PARKER, PERKINS, ROBACH, SALAND, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, SMITH, SQUADRON, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law and the public health law, in relation to coverage for the screening, diagnosis and treatment of autism spec trum disorder
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 25 of subsection (i) of section 3216 of the insurance law, as added by chapter 557 of the laws of 2006, is amended to read as follows:
(25) Every policy which provides coverage for hospital, surgical, or medical care coverage shall [not exclude] PROVIDE coverage for THE SCREENING, diagnosis and treatment of [medical conditions otherwise covered by the policy solely because the treatment is provided to diag nose or treat] autism spectrum disorder IN ACCORDANCE WITH THIS PARA GRAPH. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES, COPAYMENTS AND COINSURANCE AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND SHALL BE CONSISTENT WITH THOSE IMPOSED ON OTHER BENEFITS UNDER THE POLI CY. THIS PARAGRAPH SHALL NOT BE CONSTRUED AS LIMITING THE BENEFITS THAT ARE OTHERWISE AVAILABLE TO AN INDIVIDUAL UNDER THE POLICY. COVERAGE MAY BE SUBJECT TO UTILIZATION REVIEW OF HEALTH CARE SERVICES, INCLUDING THE REVIEW OF MEDICAL NECESSITY, CASE MANAGEMENT, AND OTHER MANAGED CARE PROVISIONS. (A) For purposes of this [section] PARAGRAPH, "autism spectrum disor der" means a GROUP OF neurobiological [condition that includes autism, Asperger syndrome, Rett's syndrome, or pervasive developmental disorder] EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16099-04-0
S. 7000--A 2 CONDITIONS DEFINED IN THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS IV REVISED, OR ITS SUCCESSOR, AS PERVASIVE DEVELOPMENTAL DISORDERS. (B) THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE SUPERINTEN DENT, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMIS SIONER OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILI TIES, SHALL PROMULGATE, AND REGULARLY UPDATE, REGULATIONS WHICH SHALL IDENTIFY TREATMENT AND THERAPY OPTIONS FOR WHICH COVERAGE SHALL BE REQUIRED FOR THE SCREENING, DIAGNOSIS AND TREATMENT OF AUTISM SPECTRUM DISORDER PURSUANT TO THIS PARAGRAPH. SUCH TREATMENT AND THERAPY OPTIONS SHALL BE EVIDENCE-BASED, PEER-REVIEWED AND CLINICALLY PROVEN. UNTIL SUCH TIME AS REGULATIONS ARE PROMULGATED, THE CURRENT AND SUBSEQUENTLY PUBLISHED CLINICAL REPORTS AND TREATMENT GUIDELINES OF THE AMERICAN ACADEMY OF PEDIATRICS FOR THE SCREENING, DIAGNOSIS AND TREATMENT OF AUTISM SPECTRUM DISORDER SHALL SERVE AS THE STANDARD OF TREATMENT AND THERAPY OPTIONS TO BE COVERED PURSUANT TO THIS PARAGRAPH. COVERAGE FOR MEDICALLY NECESSARY BEHAVIORAL THERAPIES REQUIRED PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE DENIED ON THE BASIS THAT SUCH THERAPIES ARE EDUCATIONAL OR HABILITATIVE IN NATURE, UNLESS SUCH TREATMENTS ARE PROVIDED PURSUANT TO AN INDIVIDUALIZED FAMILY SERVICE PLAN UNDER SECTION TWO THOUSAND FIVE HUNDRED FORTY-FIVE OF THE PUBLIC HEALTH LAW, AN INDI VIDUALIZED EDUCATION PLAN UNDER ARTICLE EIGHTY-NINE OF THE EDUCATION LAW OR AN INDIVIDUALIZED SERVICE PLAN PURSUANT TO REGULATIONS OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. THE PROVISION OF SERVICES PURSUANT TO AN INDIVIDUALIZED FAMILY SERVICE PLAN, AN INDIVID UALIZED EDUCATION PLAN OR AN INDIVIDUALIZED SERVICE PLAN SHALL NOT AFFECT COVERAGE UNDER THE POLICY FOR SERVICES PROVIDED ON A SUPPLEMENTAL BASIS OUTSIDE OF AN EDUCATIONAL SETTING IF SUCH SERVICES ARE DEEMED MEDICALLY NECESSARY. (C) THIS PARAGRAPH SHALL NOT BE CONSTRUED TO AFFECT ANY OBLIGATION TO PROVIDE SERVICES TO AN INDIVIDUAL UNDER AN INDIVIDUALIZED FAMILY SERVICE PLAN UNDER SECTION TWO THOUSAND FIVE HUNDRED FORTY-FIVE OF THE PUBLIC HEALTH LAW, AN INDIVIDUALIZED EDUCATION PLAN UNDER ARTICLE EIGHTY-NINE OF THE EDUCATION LAW OR AN INDIVIDUALIZED SERVICE PLAN PURSUANT TO REGU LATIONS OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILI TIES. (D) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PREVENT A POLICY FROM PROVIDING SERVICES THROUGH A NETWORK OF PARTICIPATING PROVIDERS WHO SHALL MEET CERTAIN REQUIREMENTS FOR PARTICIPATION, INCLUDING PROVIDER CREDENTIALING. THE COMMISSIONER OF HEALTH SHALL ENSURE THAT PROVIDER NETWORKS ARE ADEQUATE TO IMPLEMENT THIS PARAGRAPH.
S 2. Paragraph 17 of subsection (l) of section 3221 of the insurance law, as added by chapter 557 of the laws of 2006, is amended to read as follows:
(17) [A] EVERY group or blanket accident [or] AND health insurance policy [or issuing a group or blanket policy for delivery in this state] DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE which provides coverage for hospital, surgical, or medical care coverage shall [not exclude] PROVIDE coverage for THE SCREENING, diagnosis and treatment of [medical conditions otherwise covered by the policy because the treatment is provided to diagnose or treat] autism spectrum disorder IN ACCORDANCE WITH THIS PARAGRAPH. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCTIBLES, COPAYMENTS AND COINSURANCE AS MAY BE DEEMED APPROPRIATE BY THE SUPER INTENDENT AND SHALL BE CONSISTENT WITH THOSE IMPOSED ON OTHER BENEFITS UNDER THE POLICY. THIS PARAGRAPH SHALL NOT BE CONSTRUED AS LIMITING THE BENEFITS THAT ARE OTHERWISE AVAILABLE TO AN INDIVIDUAL UNDER THE POLICY. S. 7000--A 3 COVERAGE MAY BE SUBJECT TO UTILIZATION REVIEW OF HEALTH CARE SERVICES, INCLUDING THE REVIEW OF MEDICAL NECESSITY, CASE MANAGEMENT, AND OTHER MANAGED CARE PROVISIONS. (A) For purposes of this [section] PARAGRAPH, "autism spectrum disor der" means a GROUP OF neurobiological [condition that includes autism, Asperger syndrome, Rett's syndrome, or pervasive developmental disorder] CONDITIONS DEFINED IN THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS IV REVISED, OR ITS SUCCESSOR, AS PERVASIVE DEVELOPMENTAL DISORDERS. (B) THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE SUPERINTEN DENT, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMIS SIONER OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILI TIES, SHALL PROMULGATE, AND REGULARLY UPDATE, REGULATIONS WHICH SHALL IDENTIFY TREATMENT AND THERAPY OPTIONS FOR WHICH COVERAGE SHALL BE REQUIRED FOR THE SCREENING, DIAGNOSIS AND TREATMENT OF AUTISM SPECTRUM DISORDER PURSUANT TO THIS PARAGRAPH. SUCH TREATMENT AND THERAPY OPTIONS SHALL BE EVIDENCE-BASED, PEER-REVIEWED AND CLINICALLY PROVEN. UNTIL SUCH TIME AS REGULATIONS ARE PROMULGATED, THE CURRENT AND SUBSEQUENTLY PUBLISHED CLINICAL REPORTS AND TREATMENT GUIDELINES OF THE AMERICAN ACADEMY OF PEDIATRICS FOR THE SCREENING, DIAGNOSIS AND TREATMENT OF AUTISM SPECTRUM DISORDER SHALL SERVE AS THE STANDARD OF TREATMENT AND THERAPY OPTIONS TO BE COVERED PURSUANT TO THIS PARAGRAPH. COVERAGE FOR MEDICALLY NECESSARY BEHAVIORAL THERAPIES REQUIRED PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE DENIED ON THE BASIS THAT SUCH THERAPIES ARE EDUCATIONAL OR HABILITATIVE IN NATURE, UNLESS SUCH TREATMENTS ARE PROVIDED PURSUANT TO AN INDIVIDUALIZED FAMILY SERVICE PLAN UNDER SECTION TWO THOUSAND FIVE HUNDRED FORTY-FIVE OF THE PUBLIC HEALTH LAW, AN INDI VIDUALIZED EDUCATION PLAN UNDER ARTICLE EIGHTY-NINE OF THE EDUCATION LAW OR AN INDIVIDUALIZED SERVICE PLAN PURSUANT TO REGULATIONS OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. THE PROVISION OF SERVICES PURSUANT TO AN INDIVIDUALIZED FAMILY SERVICE PLAN, AN INDIVID UALIZED EDUCATION PLAN OR AN INDIVIDUALIZED SERVICE PLAN SHALL NOT AFFECT COVERAGE UNDER THE POLICY FOR SERVICES PROVIDED ON A SUPPLEMENTAL BASIS OUTSIDE OF AN EDUCATIONAL SETTING IF SUCH SERVICES ARE DEEMED MEDICALLY NECESSARY. (C) THIS PARAGRAPH SHALL NOT BE CONSTRUED TO AFFECT ANY OBLIGATION TO PROVIDE SERVICES TO AN INDIVIDUAL UNDER AN INDIVIDUALIZED FAMILY SERVICE PLAN UNDER SECTION TWO THOUSAND FIVE HUNDRED FORTY-FIVE OF THE PUBLIC HEALTH LAW, AN INDIVIDUALIZED EDUCATION PLAN UNDER ARTICLE EIGHTY-NINE OF THE EDUCATION LAW OR AN INDIVIDUALIZED SERVICE PLAN PURSUANT TO REGU LATIONS OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILI TIES. (D) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PREVENT A POLICY FROM PROVIDING SERVICES THROUGH A NETWORK OF PARTICIPATING PROVIDERS WHO SHALL MEET CERTAIN REQUIREMENTS FOR PARTICIPATION, INCLUDING PROVIDER CREDENTIALING. THE COMMISSIONER OF HEALTH SHALL ENSURE THAT PROVIDER NETWORKS ARE ADEQUATE TO IMPLEMENT THIS PARAGRAPH.
S 3. Subsection (ee) of section 4303 of the insurance law, as added by chapter 557 of the laws of 2006, is amended to read as follows:
(ee) A medical expense indemnity corporation, a hospital service corporation or a health service corporation which provides coverage for hospital, surgical, or medical care coverage shall [not exclude] PROVIDE coverage for THE SCREENING, diagnosis and treatment of [medical condi tions otherwise covered by the policy solely because the treatment is provided to diagnose or treat] autism spectrum disorder IN ACCORDANCE WITH THIS SUBSECTION. SUCH COVERAGE MAY BE SUBJECT TO ANNUAL DEDUCT S. 7000--A 4 IBLES, COPAYMENTS AND COINSURANCE AS MAY BE DEEMED APPROPRIATE BY THE SUPERINTENDENT AND SHALL BE CONSISTENT WITH THOSE IMPOSED ON OTHER BENE FITS UNDER THE CONTRACT. THIS SUBSECTION SHALL NOT BE CONSTRUED AS LIMITING THE BENEFITS THAT ARE OTHERWISE AVAILABLE TO AN INDIVIDUAL UNDER THE CONTRACT. COVERAGE MAY BE SUBJECT TO UTILIZATION REVIEW OF HEALTH CARE SERVICES, INCLUDING THE REVIEW OF MEDICAL NECESSITY, CASE MANAGEMENT, AND OTHER MANAGED CARE PROVISIONS. (1) For purposes of this [section] SUBSECTION, "autism spectrum disor der" means a GROUP OF neurobiological [condition that includes autism, Asperger syndrome, Rett's syndrome, or pervasive developmental disorder] CONDITIONS DEFINED IN THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS IV REVISED, OR ITS SUCCESSOR, AS PERVASIVE DEVELOPMENTAL DISORDERS. (2) THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE SUPERINTEN DENT, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMIS SIONER OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILI TIES, SHALL PROMULGATE, AND REGULARLY UPDATE, REGULATIONS WHICH SHALL IDENTIFY TREATMENT AND THERAPY OPTIONS FOR WHICH COVERAGE SHALL BE REQUIRED FOR THE SCREENING, DIAGNOSIS AND TREATMENT OF AUTISM SPECTRUM DISORDER PURSUANT TO THIS SUBSECTION. SUCH TREATMENT AND THERAPY OPTIONS SHALL BE EVIDENCE-BASED, PEER-REVIEWED AND CLINICALLY PROVEN. UNTIL SUCH TIME AS REGULATIONS ARE PROMULGATED, THE CURRENT AND SUBSEQUENTLY PUBLISHED CLINICAL REPORTS AND TREATMENT GUIDELINES OF THE AMERICAN ACADEMY OF PEDIATRICS FOR THE SCREENING, DIAGNOSIS AND TREATMENT OF AUTISM SPECTRUM DISORDER SHALL SERVE AS THE STANDARD OF TREATMENT AND THERAPY OPTIONS TO BE COVERED PURSUANT TO THIS SUBSECTION. COVERAGE FOR MEDICALLY NECESSARY BEHAVIORAL THERAPIES REQUIRED PURSUANT TO THIS PARA GRAPH SHALL NOT BE DENIED ON THE BASIS THAT SUCH THERAPIES ARE EDUCA TIONAL OR HABILITATIVE IN NATURE, UNLESS SUCH TREATMENTS ARE PROVIDED PURSUANT TO AN INDIVIDUALIZED FAMILY SERVICE PLAN UNDER SECTION TWO THOUSAND FIVE HUNDRED FORTY-FIVE OF THE PUBLIC HEALTH LAW, AN INDIVID UALIZED EDUCATION PLAN UNDER ARTICLE EIGHTY-NINE OF THE EDUCATION LAW OR AN INDIVIDUALIZED SERVICE PLAN PURSUANT TO REGULATIONS OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. THE PROVISION OF SERVICES PURSUANT TO AN INDIVIDUALIZED FAMILY SERVICE PLAN OR AN INDI VIDUALIZED EDUCATION PLAN OR AN INDIVIDUALIZED SERVICE PLAN SHALL NOT AFFECT COVERAGE UNDER THE CONTRACT FOR SERVICES PROVIDED ON A SUPPLE MENTAL BASIS OUTSIDE OF AN EDUCATIONAL SETTING IF SUCH SERVICES ARE DEEMED MEDICALLY NECESSARY. (3) THIS PARAGRAPH SHALL NOT BE CONSTRUED TO AFFECT ANY OBLIGATION TO PROVIDE SERVICES TO AN INDIVIDUAL UNDER AN INDIVIDUALIZED FAMILY SERVICE PLAN UNDER SECTION TWO THOUSAND FIVE HUNDRED FORTY-FIVE OF THE PUBLIC HEALTH LAW, AN INDIVIDUALIZED EDUCATION PLAN UNDER ARTICLE EIGHTY-NINE OF THE EDUCATION LAW OR AN INDIVIDUALIZED SERVICE PLAN PURSUANT TO REGU LATIONS OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILI TIES. (4) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO PREVENT A CONTRACT FROM PROVIDING SERVICES THROUGH A NETWORK OF PARTICIPATING PROVIDERS WHO SHALL MEET CERTAIN REQUIREMENTS FOR PARTICIPATION, INCLUD ING PROVIDER CREDENTIALING. THE COMMISSIONER OF HEALTH SHALL ENSURE THAT PROVIDER NETWORKS ARE ADEQUATE TO IMPLEMENT THIS PARAGRAPH.
S 4.
Section 2500-j of the public health law is amended by adding a new subdivision 4 to read as follows:
4. THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF INSUR ANCE, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMIS SIONER OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILI S. 7000--A 5 TIES, SHALL PROMULGATE, AND REGULARLY UPDATE, REGULATIONS WHICH SHALL IDENTIFY TREATMENT AND THERAPY OPTIONS FOR WHICH COVERAGE SHALL BE REQUIRED FOR THE SCREENING, DIAGNOSIS AND TREATMENT OF AUTISM SPECTRUM DISORDER PURSUANT TO SECTIONS THIRTY-TWO HUNDRED SIXTEEN, THIRTY-TWO HUNDRED TWENTY-ONE AND FORTY-THREE HUNDRED THREE OF THE INSURANCE LAW.
S 5. This act shall take effect on the first of January next succeed ing the date on which it shall have become a law and shall apply to all policies or contracts issued, renewed, modified, altered or amended on and after such effective date.


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