S T A T E O F N E W Y O R K
________________________________________________________________________
5789--B
2015-2016 Regular Sessions
I N S E N A T E
June 3, 2015
___________
Introduced by Sens. VALESKY, KLEIN, ROBACH, YOUNG -- read twice and
ordered printed, and when printed to be committed to the Committee on
Health -- recommitted to the Committee on Health in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee and committed to the Committee on
Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to promoting the
development, provision and accessibility of telehealth/telemedicine
services; and to amend the state finance law, in relation to estab-
lishing a New York state telehealth/telemedicine development and
research grant fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 206 of the public health law is amended by adding
a new subdivision 30 to read as follows:
30. THE COMMISSIONER SHALL ESTABLISH AND HELP TO PROMOTE THE MAINTE-
NANCE OF A STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK TO SERVE THE ENTIRE
STATE, INCLUDING UNDERSERVED RURAL, URBAN AND SUBURBAN AREAS. IN ADDI-
TION, IN ACCORDANCE WITH SUBDIVISION EIGHTEEN-A OF THIS SECTION, THE
COMMISSIONER SHALL HELP TO PROMOTE THE INCREASED UTILIZATION, STORAGE
AND RETRIEVAL OF ELECTRONIC RECORDS, INCLUDING TELEHEALTH/TELEMEDICINE
RECORDS, IMAGES, INFORMATION AND DATA, TO HELP PROMOTE THE GENERAL
PUBLIC HEALTH, IMPROVE INDIVIDUAL HEALTH CARE OUTCOMES AND PROVIDE FOR A
COST EFFECTIVE HEALTH CARE DELIVERY SYSTEM.
S 2. Section 220 of the public health law, as amended by section 7 of
part N of chapter 56 of the laws of 2012, is amended to read as follows:
S 220. Public health and health planning council; appointment of
members. There shall continue to be in the department a public health
and health planning council to consist of the commissioner and fourteen
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01966-09-6
S. 5789--B 2
members to be appointed by the governor with the advice and consent of
the senate; provided that effective December first, two thousand ten,
the membership of the council shall consist of the commissioner and
twenty-four members to be appointed by the governor with the advice and
consent of the senate. Membership on the council shall be reflective of
the diversity of the state's population including, but not limited to,
the various geographic areas and population densities throughout the
state. The members shall include representatives of the public health
system, health care providers that comprise the state's health care
delivery system, individuals with expertise in the clinical and adminis-
trative aspects of health care delivery, ESTABLISHING AND MAINTAINING A
STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK AND THE UTILIZATION, STORAGE
AND RETRIEVAL OF ELECTRONIC MEDICAL RECORDS, issues affecting health
care consumers, health planning, health care financing and reimburse-
ment, health care regulation and compliance, and public health practice
and at least two members shall also be members of the behavioral health
services advisory council; at least four members shall be represen-
tatives of general hospitals or nursing homes; and at least one member
shall be a representative of each of the following groups: home care
agencies, diagnostic and treatment centers, health care payors, labor
organizations for health care employees, and health care consumer advo-
cacy organizations.
S 3. The public health law is amended by adding three new sections
2999-ee, 2999-ff and 2999-gg to read as follows:
S 2999-EE. COORDINATION OF DEPARTMENT RESPONSIBILITIES FOR
TELEHEALTH/TELEMEDICINE; BIENNIAL PLAN. 1. THE COMMISSIONER SHALL COOR-
DINATE AND FOCUS THE DEPARTMENT'S DEVELOPMENTAL, ADMINISTRATIVE,
RESEARCH AND EVALUATION RESPONSIBILITIES FOR THE PROVISION AND MAINTE-
NANCE OF A STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK AND SUCH SERVICES
AS PROVIDED PURSUANT TO THIS ARTICLE AND SECTION TWENTY-EIGHT HUNDRED
FIVE-U OF THIS CHAPTER.
2. THE COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
FIED IN SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-FF OF
THIS ARTICLE, HEALTH CARE FACILITIES, AND THOSE ON-SITE AND ORIGINATING
SITE HEALTH CARE FACILITIES AND THOSE WHICH USE REMOTE PATIENT MONITOR-
ING, ON OR BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN AND EVERY TWO
YEARS THEREAFTER, SHALL PREPARE AND SUBMIT A BIENNIAL PLAN TO SUPPORT
THE PROVISION AND MAINTENANCE OF A STATEWIDE TELEHEALTH/TELEMEDICINE
NETWORK AND SUCH SERVICES PROVIDED PURSUANT TO THIS ARTICLE, SECTION
TWENTY-EIGHT HUNDRED FIVE-U, SUBDIVISION TWO OF SECTION TWENTY-EIGHT
HUNDRED TWENTY-FIVE, SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED
FOURTEEN OF THIS CHAPTER, AS WELL AS OTHER TELEHEALTH/TELEMEDICINE
SERVICES FOR WHICH THE DEPARTMENT HAS DEVELOPMENTAL AND ADMINISTRATIVE
RESPONSIBILITY. THE BIENNIAL PLAN SHALL INCLUDE:
(A) ANY NECESSARY RECOMMENDATIONS FOR LEGISLATIVE, ADMINISTRATIVE OR
BUDGETARY SUPPORT FOR THE OPTIMUM USE OF TELEHEALTH/TELEMEDICINE
SERVICES AND THE STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK;
(B) THE IDENTIFICATION OF BARRIERS TO THE PROVISION OF AND ACCESS TO
TELEHEALTH/TELEMEDICINE, INCLUDING EDUCATION AND TRAINING FOR EXISTING
TELEHEALTH/TELEMEDICINE PROVIDERS AND POTENTIAL FUTURE PROVIDERS PURSU-
ANT TO THIS ARTICLE AND SECTION TWENTY-EIGHT HUNDRED FIVE-U OF THIS
CHAPTER AND CONSUMERS, INTEGRATED DEVELOPMENT OF SUCH NETWORK, INCREAS-
ING ACCESS TO BROADBAND SERVICES, REDUCING GAPS IN SUCH NETWORK AND
BROADBAND SERVICES ON A STATEWIDE AND REGIONAL BASIS ESPECIALLY IN RURAL
AND OTHER UNDERSERVED AREAS, ELECTRONIC RECORDS INTERFACE AND OTHER
S. 5789--B 3
BARRIERS, AND THE METHODS BY WHICH THE DEPARTMENT WILL AID IN ADDRESSING
SUCH BARRIERS; AND
(C) AN ABSTRACT OF TELEHEALTH/TELEMEDICINE RESEARCH EITHER BEING OR TO
BE CONDUCTED BY THE DEPARTMENT, OR FACILITATED BY THE DEPARTMENT AND
BEING OR TO BE CONDUCTED BY PROVIDERS OR OTHER ENTITIES, AND FOSTER THE
DISSEMINATION OF SUCH ABSTRACT TO HEALTH CARE PROVIDERS, HEALTH CARE
FACILITIES AND THE GENERAL PUBLIC.
3. THE COMMISSIONER SHALL PROVIDE COPIES OF THE BIENNIAL PLAN TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
ASSEMBLY, THE CHAIRS OF THE SENATE AND ASSEMBLY HEALTH COMMITTEES, THE
HEALTHCARE ASSOCIATION OF NEW YORK STATE, THE MEDICAL SOCIETY OF NEW
YORK STATE AND THE HOME HEALTHCARE ASSOCIATION OF NEW YORK STATE.
4. (A) THE COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS
SPECIFIED IN SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED
NINETY-NINE-FF OF THIS ARTICLE, HEALTH CARE FACILITIES, THOSE ON-SITE
AND ORIGINATING SITE HEALTH CARE FACILITIES AND THOSE WHICH USE REMOTE
PATIENT MONITORING SHALL IDENTIFY STANDARDS DETERMINED TO BE NECESSARY
FOR THE PROMOTION AND MAINTENANCE OF A STATEWIDE TELEHEALTH/TELEMEDICINE
NETWORK AND SUCH SERVICES UNDER THIS ARTICLE. SUCH STANDARDS, INCLUDING
STANDARDS FOR THE PROTECTION OF PATIENT INFORMATION, MAY BE IDENTIFIED
FROM:
(I) THE AMERICAN TELEMEDICINE ASSOCIATION, THE FEDERAL FOOD AND DRUG
ADMINISTRATION AND/OR SUCH OTHER GENERALLY RECOGNIZED STANDARD-SETTING
ORGANIZATIONS AS THE COMMISSIONER MAY DETERMINE;
(II) TITLE EIGHT OF THE EDUCATION LAW AND REGULATIONS PROMULGATED
PURSUANT THERETO, THIS CHAPTER AND REGULATIONS PROMULGATED PURSUANT
THERETO AND, AS APPLICABLE, SUCH STANDARDS OF RELEVANT PROFESSIONAL OR
ACCREDITING BODIES AS THE COMMISSIONER MAY DETERMINE, TO ENSURE THAT
TELEHEALTH/TELEMEDICINE MONITORING IS CONDUCTED BY INDIVIDUALS IN
ACCORDANCE WITH AND AS LIMITED BY THE APPLICABLE SCOPE OF PRACTICE,
LICENSURE AND/OR CREDENTIALING PROVISIONS OF SUCH LAWS AND STANDARDS.
(B) THE COMMISSIONER MAY INCORPORATE, WITHIN HIS OR HER BIENNIAL PLAN
SUBMITTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, RECOMMENDATIONS
FOR ANY ADDITIONAL STANDARDS OR REQUIREMENTS FOR TELEHEALTH/TELEMEDICINE
SERVICES AS MAY BE NECESSARY UNDER THIS ARTICLE.
S 2999-FF. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS FOR UNDERSERVED
AREAS AND POPULATIONS. 1. SUBJECT TO THE AVAILABILITY OF FUNDING FROM
THE NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT AND RESEARCH
GRANT FUND, ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Z OF THE STATE
FINANCE LAW, FUNDS MADE AVAILABLE IN THE GENERAL FUND OR ANY OTHER FUNDS
MADE AVAILABLE THEREFOR, THE DEPARTMENT SHALL PROVIDE GRANTS TO ELIGIBLE
PROVIDERS FOR:
(A) THE DEVELOPMENT AND PROPER MAINTENANCE OF A STATEWIDE
TELEHEALTH/TELEMEDICINE NETWORK THAT APPROPRIATELY INTEGRATES WITH THE
CURRENT HEALTH CARE DELIVERY SYSTEM AND THAT PROMOTES THE HIGHEST STAND-
ARDS FOR THE PROVISION OF QUALITY AND COST EFFECTIVE HEALTH CARE
THROUGHOUT THE STATE;
(B) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN GEOGRAPHIC
AREAS OF THE STATE DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
BASIS OF A LACK OF PROVIDERS PURSUANT TO THIS ARTICLE;
(C) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN GEOGRAPHIC
AREAS OF THE STATE DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
BASIS OF THE LACK OF TELEHEALTH/TELEMEDICINE SERVICES IN THE AREA;
(D) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW POPU-
LATIONS, WHERE EVIDENCE SUGGESTS THE PROVISION OF SUCH SERVICES WOULD
S. 5789--B 4
FACILITATE THE MANAGEMENT OF PATIENT CARE, ACCESS TO CARE, COST-EFFEC-
TIVENESS OF CARE AND/OR TO HELP IMPLEMENT THE PROVISIONS OF SECTION
TWENTY-ONE HUNDRED ELEVEN AND SUBDIVISION TWO OF SECTION TWENTY-EIGHT
HUNDRED TWENTY-FIVE OF THIS CHAPTER AS RELATED TO SUCH SERVICES;
(E) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW CONDI-
TIONS, WHERE EVIDENCE SUGGESTS THE PROVISION OF SUCH SERVICES WOULD
FACILITATE THE MANAGEMENT OF SUCH CONDITIONS, ACCESS TO CARE, COST-EF-
FECTIVENESS OF CARE AND/OR HELP IMPLEMENT SECTION TWENTY-ONE HUNDRED
ELEVEN AND SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED TWENTY-FIVE
OF THIS CHAPTER AS RELATED TO SUCH SERVICES;
(F) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES TO EVALUATE
THE POTENTIAL BENEFITS OF NEW TELEHEALTH/TELEMEDICINE TECHNOLOGY, FOR
PATIENT CARE, ACCESS TO CARE, COST-EFFECTIVENESS OF CARE AND/OR HELP
IMPLEMENT SECTION TWENTY-ONE HUNDRED ELEVEN AND SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED TWENTY-FIVE OF THIS CHAPTER AS RELATED TO
SUCH SERVICES; OR
(G) SUCH OTHER PURPOSES AS THE DEPARTMENT MAY IDENTIFY.
2. ELIGIBLE PROVIDERS, FOR THE PURPOSES OF THIS ARTICLE AND SECTION
TWENTY-EIGHT HUNDRED FIVE-U OF THIS CHAPTER SHALL INCLUDE THOSE
LICENSED, CERTIFIED OR AUTHORIZED PURSUANT TO ARTICLE TWENTY-EIGHT,
THIRTY-SIX OR FORTY, OR SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAP-
TER, OR PHYSICIANS LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE
OF THE EDUCATION LAW; PROVIDED HOWEVER THAT ELIGIBILITY PURSUANT TO THIS
SECTION TO PROVIDE TELEHEALTH/TELEMEDICINE SERVICES SHALL BE CONSISTENT
WITH THE AUTHORITY FOR THE PROVISION OF CARE OTHERWISE PROVIDED PURSUANT
TO ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY, OR SECTION FORTY-FOUR
HUNDRED THREE-F OF THIS CHAPTER, OR TITLE EIGHT OF THE EDUCATION LAW.
3. THE DEPARTMENT, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
FIED IN SUBDIVISION TWO OF THIS SECTION, SHALL ESTABLISH THE FORMS AND
PROCESS FOR THE SUBMISSION AND APPROVAL OF GRANT APPLICATIONS PURSUANT
TO THIS SUBDIVISION.
S 2999-GG. TELEHEALTH/TELEMEDICINE RESEARCH. 1. THE COMMISSIONER SHALL
PROMOTE AND SUPPORT CLINICAL AND PROGRAMMATIC RESEARCH BY PROVIDERS AND
OTHER ENTITIES TO FURTHER EVALUATE, REFINE AND/OR DEVELOP EFFECTIVE AND
EFFICIENT APPLICATION OF TELEHEALTH/TELEMEDICINE METHODS AND TECHNOLOGY
TO POPULATIONS, CONDITIONS AND CIRCUMSTANCES, AND TO ESTABLISH AND MAIN-
TAIN A STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK. THE COMMISSIONER SHALL
MAKE AVAILABLE DATA AND TECHNICAL ASSISTANCE FOR SUCH RESEARCH, PROVIDED
THAT ANY DATA MADE AVAILABLE SHALL NOT CONTAIN INDIVIDUALLY IDENTIFYING
INFORMATION.
2. THE COMMISSIONER IS AUTHORIZED TO APPLY FOR SUCH GOVERNMENTAL,
PHILANTHROPIC AND OTHER GRANTS THAT MAY BE AVAILABLE FOR SUCH RESEARCH.
MONIES FROM SUCH GRANTS SHALL BE DEPOSITED IN THE NEW YORK STATE
TELEHEALTH/TELEMEDICINE DEVELOPMENT AND RESEARCH GRANT FUND ESTABLISHED
BY SECTION NINETY-NINE-Z OF THE STATE FINANCE LAW.
3. THE DEPARTMENT SHALL CONSULT WITH ELIGIBLE PROVIDERS, AS SPECIFIED
IN SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-FF OF THIS
ARTICLE AND SECTION TWENTY-EIGHT HUNDRED FIVE-U OF THIS CHAPTER IN THE
IMPLEMENTATION OF THIS SECTION.
S 4. Section 3614 of the public health law is amended by adding a new
subdivision 3-d to read as follows:
3-D. CAPITAL REIMBURSEMENT FOR TELEHEALTH/TELEMEDICINE. THE DEPARTMENT
SHALL INCLUDE IN THE REIMBURSEMENT RATES ESTABLISHED PURSUANT TO THIS
SECTION A COST ALLOWANCE FOR THE REIMBURSEMENT OF CAPITAL COSTS FOR THE
DEVELOPMENT, OPERATION AND PROVISION OF TELEHEALTH/TELEMEDICINE
SERVICES, INCLUDING THE LINKAGE OF TELEHEALTH/TELEMEDICINE AND ELECTRON-
S. 5789--B 5
IC MEDICAL RECORDS. THE METHODOLOGY FOR THE INCLUSION OF THE ALLOWANCE
SHALL BE DEVELOPED IN CONSULTATION WITH THE ELIGIBLE PROVIDERS FOR
TELEHEALTH/TELEMEDICINE PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-
NINE-EE OF THIS CHAPTER.
S 5. The state finance law is amended by adding a new section 99-z to
read as follows:
S 99-Z. NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT AND
RESEARCH GRANT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY
OF THE STATE COMPTROLLER AND COMMISSIONER OF TAXATION AND FINANCE A
SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE TELEHEALTH/TELEMEDICINE
DEVELOPMENT AND RESEARCH FUND".
2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE
OF SUCH FUND AND ANY GRANT, GIFT OR BEQUEST MADE FOR PURPOSES OF DEVEL-
OPMENT OR GRANTS FOR TELEHEALTH/TELEMEDICINE SERVICES PURSUANT TO
SECTION TWENTY-NINE HUNDRED NINETY-NINE-FF OF THE PUBLIC HEALTH LAW.
3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF HEALTH
FOR THE PURPOSE OF PROVIDING DEVELOPMENT AND RESEARCH GRANTS FOR
TELEHEALTH/TELEMEDICINE PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-
NINE-FF OF THE PUBLIC HEALTH LAW.
4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF HEALTH, OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH
DESIGNATED BY SUCH COMMISSIONER.
S 6. This act shall take effect immediately, except that section four
of this act shall take effect on the first of April next succeeding the
date on which this act shall have become a law; and provided, further,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.