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Allows patients up to ten visits with an occupational therapist without a referral from a physician or nurse practitioner
(D, WF) Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Nov 21, 2022 | signed chap.601 delivered to governor |
| May 24, 2022 | returned to assembly passed senate 3rd reading cal.1240 substituted for s5663a |
| May 24, 2022 | substituted by a3202c |
| May 16, 2022 | advanced to third reading |
| May 11, 2022 | 2nd report cal. |
| May 10, 2022 | 1st report cal.1240 |
| Jan 05, 2022 | referred to higher education |
| May 21, 2021 | print number 5663a |
| May 21, 2021 | amend (t) and recommit to higher education |
| Mar 15, 2021 | referred to higher education |
See Assembly Version of this Bill: A3202 Law Section: Education Law Laws Affected: Amd §7901, Ed L; amd §5102, Ins L Versions Introduced in Other Legislative Sessions: 2017-2018: A10996
2019-2020: A1179, A8889
Allows patients to receive certain treatment by an occupational therapist without a referral from a physician or nurse practitioner; requires the occupational therapist to inform the patient of certain potential insurance issues; relates to eliminating the need for referrals for certain treatment under coverage provided by certain motor vehicle insurance policies.
BILL NUMBER: S5663 SPONSOR: KENNEDY TITLE OF BILL: An act to amend the education law and the insurance law, in relation to allowing patients up to twelve visits with an occupational therapist without a referral from a physician, nurse practitioner or other health care provider PURPOSE OR GENERAL IDEA OF BILL: Allows occupational therapists to treat patients without a required referral, providing the patient with a greater level of care and reduc- ing costs for both the patients and insurance carriers. This legislation would allow occupational therapists to see patients without referrals just like physical therapists. SUMMARY OF PROVISIONS: Section 1: amends section 7901 of the education law to allow twelve
licensed occupational therapy visits without a referral by providers that fit certain criteria. Additionally provided the definition of occu- pational therapy. Section 2: amends paragraph 1 of subsection (a) of section 5102 of the insurance law Section 3: Sets out the effective date. JUSTIFICATION: Falls are the leading cause of injury-related deaths, hospitalizations and emergency department visits among adults 65 and older, especially those who have a disability. Falls can result in lasting, serious conse- quences, affecting mobility, independence and mental health. Providing occupational therapy has proven to reduce hospital readmissions. Home evaluations resulting in modifications proven to reduce falls - this is what occupational therapists specialize in, along with ensuring the modifications match the individual's functional performance. An inde- pendent study published in Medical Care Research and Review conducted by Johns Hopkins University found that "occupational therapy is the only spending category where additional spending has a statistically signif- icant association with lower readmission rates" for the three health conditions studied: heart failure, pneumonia, and acute myocardial infarction. Physical therapists already have the ability to see patients without referrals and this legislation would allow occupational thera- pists the same ability. 37 states including NJ, OH, MA, ME, CT, and VT have allowed occupational therapists to treat in a restorative capacity without a doctor's order. Physical therapists already have the ability to see patients without referrals and this legislation would allow occu- pational therapists the same ability. PRIOR LEGISLATIVE HISTORY: 2018-18: A.10996 2019-20: A.8889 2021: A.3202 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Negligible EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5663 2021-2022 Regular Sessions I N S E N A T E March 15, 2021 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law and the insurance law, in relation to allowing patients up to twelve visits with an occupational therapist without a referral from a physician, nurse practitioner or other health care provider THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 7901 of the education law, as amended by chapter 460 of the laws of 2011, is amended to read as follows: § 7901. Definition. 1. The practice of the profession of occupational therapy is defined as the functional evaluation of the client, the plan- ning and utilization of a program of purposeful activities, the develop- ment and utilization of a treatment program, and/or consultation with the client, family, caregiver or organization in order to restore, develop or maintain adaptive skills, and/or performance abilities designed to achieve maximal physical, cognitive and mental functioning of the client associated with his or her activities of daily living and daily life tasks. A treatment program designed to restore function, shall be rendered on the prescription or referral of a physician, nurse practitioner or other health care provider acting within his or her scope of practice pursuant to this title, EXCEPT AS PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION. However, nothing contained in this article shall be construed to permit any licensee hereunder to practice medicine or psychology, including psychotherapy or to otherwise expand such licensee's scope of practice beyond what is authorized by this chapter. 2. TREATMENT MAY BE RENDERED BY A LICENSED OCCUPATIONAL THERAPIST FOR TWELVE VISITS WITHOUT A REFERRAL FROM A PHYSICIAN, NURSE PRACTITIONER OR OTHER HEALTH CARE PROVIDER PROVIDED THAT: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01911-01-1
S. 5663 2 (A) THE LICENSED OCCUPATIONAL THERAPIST HAS PRACTICED OCCUPATIONAL THERAPY ON A FULL TIME BASIS EQUIVALENT TO NOT LESS THAN THREE YEARS; AND (B) EACH OCCUPATIONAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE SHALL PROVIDE WRITTEN NOTICE TO EACH PATIENT RECEIVING TREATMENT ABSENT A REFERRAL FROM A PHYSICIAN, NURSE PRACTITIONER OR OTHER HEALTH CARE PROVIDER THAT OCCUPATIONAL THERAPY MAY NOT BE COVERED BY THE PATIENT'S HEALTH CARE PLAN OR INSURER WITHOUT SUCH A REFERRAL AND THAT SUCH TREAT- MENT MAY BE A COVERED EXPENSE IF RENDERED PURSUANT TO A REFERRAL. THE OCCUPATIONAL THERAPIST SHALL KEEP ON FILE WITH THE PATIENT'S RECORDS A FORM ATTESTING TO THE PATIENT'S NOTICE OF SUCH ADVICE. SUCH FORM SHALL BE IN DUPLICATE, WITH ONE COPY TO BE RETAINED BY THE PATIENT, SIGNED AND DATED BY BOTH THE OCCUPATIONAL THERAPIST AND THE PATIENT IN SUCH FORM AS PRESCRIBED PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER. § 2. Paragraph 1 of subsection (a) of section 5102 of the insurance law, as amended by chapter 298 of the laws of 2006, is amended to read as follows: (1) All necessary expenses incurred for: (i) medical, hospital (including services rendered in compliance with article forty-one of the public health law, whether or not such services are rendered directly by a hospital), surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical therapy (provided that treatment is rendered pursuant to a referral) and occupa- tional therapy and rehabilitation (PROVIDED THAT TREATMENT IS RENDERED PURSUANT TO A REFERRAL); (iii) any non-medical remedial care and treat- ment rendered in accordance with a religious method of healing recog- nized by the laws of this state; and (iv) any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertaina- ble that further expenses may be incurred as a result of the injury. For the purpose of determining basic economic loss, the expenses incurred under this paragraph shall be in accordance with the limitations of section five thousand one hundred eight of this article. § 3. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized to be made and completed on or before such effective date.
(D) Senate District
(D) 20th Senate District
See Assembly Version of this Bill: A3202 Law Section: Education Law Laws Affected: Amd §7901, Ed L; amd §5102, Ins L Versions Introduced in Other Legislative Sessions: 2017-2018: A10996
2019-2020: A1179, A8889
Allows patients to receive certain treatment by an occupational therapist without a referral from a physician or nurse practitioner; requires the occupational therapist to inform the patient of certain potential insurance issues; relates to eliminating the need for referrals for certain treatment under coverage provided by certain motor vehicle insurance policies.
BILL NUMBER: S5663A SPONSOR: KENNEDY TITLE OF BILL: An act to amend the education law, in relation to allowing patients to receive certain treatment by an occupational therapist without a refer- ral from a physician or nurse practitioner; and to amend the insurance law, in relation to eliminating the need for referrals for certain treatment PURPOSE OR GENERAL IDEA OF BILL: Allows occupational therapists to treat patients without a required referral. This will provide a greater level of care to the patient and also reduce costs of both the patients and insurance carriers. Physical therapists already have the ability to see patients without referrals and this legislation would allow occupational therapists the same abili- ty. SUMMARY OF PROVISIONS:
Section 1, amends section 7901 of the education law, as amended by chap- ter 460 of the laws of 2011 and provides a definition of occupational therapy. Allows licensed occupational therapy visits to ten without a referral by a provider as long as certain criteria are met: (a) The licensed occupational therapist has practiced occupational ther- apy on a full-time basis equivalent to not less than three years (b) Therapists pursuant to this article shall provide written notice to each patient receiving treatment absent a referral from a provider that occupational therapy may not be covered by the patient's health care plan or insurer without such a referral and that such treatment may be a covered expense if rendered pursuant to a referral. State therapists must keep records attesting to this notice. Section 2, Paragraph 1 of subsection (a) of section 5102 of the insur- ance law, as amended by chapter 298 of the laws of 2006-descriptions of medical expenses incurred provided that treatment is rendered pursuant to a referral. Section 3, provides for the effective date. JUSTIFICATION: Falls are the leading cause of injury-related deaths, hospitalizations and emergency department visits among adults 65 and older, especially those who have a disability. Falls can result in lasting, serious conse- quences, affecting mobility, independence and mental health. Providing occupational therapy has proven to reduce hospital readmis- sions. Home evaluations resulting in modifications proven to reduce falls- this is what occupational therapists specialize in, along with ensuring the modifications match the individual's functional perform- ance. An independent study published in Medical Care Research and Review conducted by Johns Hopkins University found that "occupational therapy is the only spending category where additional spending has a statis- tically significant association with lower readmission rates" for the three health conditions studied: heart failure, pneumonia, and acute myocardial infraction. Physical therapists already have the ability to see patients without referrals and this legislation would allow occupa- tional therapists the same ability. 37 states including NJ, OH, MA, ME, CT, and VT have allowed occupational therapists to treat in a restora- tive capacity without a doctor's order. Physical therapists already have the ability to see patients without referrals and this legislation would allow occupational therapists the same ability. PRIOR LEGISLATIVE HISTORY: 2018 - A.10996 2019-2020 - A.8889 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Negligible EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law, provided, however, that effective immediately the department of education is authorized to take such steps in advance of such effective date, including the addition, amendment and/or repeal of any rule or regulation as may be necessary, to ensure the timely implementation of the provisions of this act on such effective date.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5663--A 2021-2022 Regular Sessions I N S E N A T E March 15, 2021 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to allowing patients to receive certain treatment by an occupational therapist without a referral from a physician or nurse practitioner; and to amend the insurance law, in relation to eliminating the need for referrals for certain treatment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 7901 of the education law, as amended by chapter 460 of the laws of 2011, is amended to read as follows: § 7901. Definition. 1. The practice of the profession of occupational therapy is defined as the functional evaluation of the client, the plan- ning and utilization of a program of purposeful activities, the develop- ment and utilization of a treatment program, and/or consultation with the client, family, caregiver or organization in order to restore, develop or maintain adaptive skills, and/or performance abilities designed to achieve maximal physical, cognitive and mental functioning of the client associated with his or her activities of daily living and daily life tasks. A treatment program designed to restore function, shall be rendered on the prescription or referral of a physician, nurse practitioner or other health care provider acting within his or her scope of practice pursuant to this title, EXCEPT AS PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION. However, nothing contained in this article shall be construed to permit any licensee hereunder to practice medicine or psychology, including psychotherapy or to otherwise expand such licensee's scope of practice beyond what is authorized by this chapter. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01911-08-1
S. 5663--A 2 2. TREATMENT MAY BE RENDERED BY A LICENSED OCCUPATIONAL THERAPIST FOR TEN VISITS, OR THIRTY DAYS, WHICHEVER SHALL OCCUR FIRST, WITHOUT A REFERRAL FROM A PHYSICIAN OR NURSE PRACTITIONER PROVIDED THAT: (A) THE LICENSED OCCUPATIONAL THERAPIST HAS PRACTICED OCCUPATIONAL THERAPY ON A FULL TIME BASIS EQUIVALENT TO NOT LESS THAN THREE YEARS; AND (B) EACH OCCUPATIONAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE SHALL PROVIDE WRITTEN NOTICE TO EACH PATIENT RECEIVING TREATMENT ABSENT A REFERRAL FROM A PHYSICIAN OR NURSE PRACTITIONER THAT OCCUPATIONAL THERAPY MAY NOT BE COVERED BY THE PATIENT'S HEALTH CARE PLAN OR INSURER WITHOUT SUCH A REFERRAL AND THAT SUCH TREATMENT MAY BE A COVERED EXPENSE IF RENDERED PURSUANT TO A REFERRAL. THE OCCUPATIONAL THERAPIST SHALL KEEP ON FILE WITH THE PATIENT'S RECORDS A FORM ATTESTING TO THE PATIENT'S NOTICE OF SUCH ADVICE. SUCH FORM SHALL BE IN DUPLICATE, WITH ONE COPY TO BE RETAINED BY THE PATIENT, SIGNED AND DATED BY BOTH THE OCCUPATIONAL THERAPIST AND THE PATIENT IN SUCH FORM AS PRESCRIBED PURSU- ANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER. § 2. Paragraph 1 of subsection (a) of section 5102 of the insurance law, as amended by chapter 298 of the laws of 2006, is amended to read as follows: (1) All necessary expenses incurred for: (i) medical, hospital (including services rendered in compliance with article forty-one of the public health law, whether or not such services are rendered directly by a hospital), surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical therapy (provided that treatment is rendered pursuant to a referral) and occupa- tional therapy and rehabilitation (PROVIDED THAT TREATMENT IS RENDERED PURSUANT TO A REFERRAL); (iii) any non-medical remedial care and treat- ment rendered in accordance with a religious method of healing recog- nized by the laws of this state; and (iv) any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertaina- ble that further expenses may be incurred as a result of the injury. For the purpose of determining basic economic loss, the expenses incurred under this paragraph shall be in accordance with the limitations of section five thousand one hundred eight of this article. § 3. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized to be made and completed on or before such effective date.
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