S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8416
 
                             I N  S E N A T E
 
                               May 24, 2020
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  including  audio-
   only  and  video-only  telehealth  and  telemedicine services in those
   telehealth and telemedicine services eligible for reimbursement

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 4 of section 2999-cc of the public health law,
 as added by chapter 6 of the  laws  of  2015,  is  amended  to  read  as
 follows:
   4.  "Telehealth"  means the use of electronic information and communi-
 cation technologies by  telehealth  providers  to  deliver  health  care
 services,  which  shall include the assessment, diagnosis, consultation,
 treatment,  education,  care  management  and/or  self-management  of  a
 patient.  Telehealth  shall not include delivery of health care services
 by means of [audio-only telephone communication,] facsimile machines, or
 electronic messaging alone, though use  of  these  technologies  is  not
 precluded  if  used  in conjunction with telemedicine, store and forward
 technology, or remote patient monitoring. For purposes of this  section,
 telehealth shall be limited to telemedicine, store and forward technolo-
 gy,  [and]  remote  patient monitoring AND AUDIO-ONLY TELEPHONE COMMUNI-
 CATION, EXCEPT THAT WITH  RESPECT  TO  THE  MEDICAL  ASSISTANCE  PROGRAM
 ESTABLISHED UNDER SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES
 LAW,  AND  THE  CHILD HEALTH INSURANCE PLAN UNDER TITLE ONE-A OF ARTICLE
 TWENTY-FIVE OF THIS CHAPTER, TELEHEALTH SHALL INCLUDE  AUDIO-ONLY  TELE-
 PHONE  COMMUNICATION ONLY TO THE EXTENT DEFINED IN REGULATIONS AS MAY BE
 PROMULGATED BY THE COMMISSIONER. This subdivision shall not preclude the
 delivery of health care services by means of "home telehealth"  as  used
 in section thirty-six hundred fourteen of this chapter.
   §  2.  Section 2999-ee of the public health law, as added by section 3
 of part HH of chapter 56 of the laws of 2020,  is  amended  to  read  as
 follows:
   §  2999-ee.  Increased application of telehealth. In order to increase
 the application of telehealth in behavioral health, oral health,  mater-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16310-05-0

 S. 8416                             2
 
 nity  care, care management, services provided in emergency departments,
 and services provided to certain high-need  populations  to  the  extent
 such  services  are  deemed  appropriate for the populations served, and
 notwithstanding the definitions set forth in section twenty-nine hundred
 ninety-nine-cc of this article, in consultation with the commissioner of
 the  office  of  children  and  family services, the commissioner of the
 office of mental health, the commissioner of  the  office  of  addiction
 services and supports, or the commissioner of the office for people with
 developmental  disabilities, as applicable, the commissioner may specify
 in regulation additional  acceptable  modalities  for  the  delivery  of
 health  care services via telehealth, including but not limited to audi-
 o-only OR VIDEO-ONLY telephone communications, online portals and survey
 applications, and may specify additional categories of originating sites
 at which a patient may be located at the time health care  services  are
 delivered to the extent such additional modalities and originating sites
 are deemed appropriate for the populations served.
   §  3.  Subdivision  1  of section 2999-dd of the public health law, as
 amended by section 2 of part HH of chapter 56 of the laws  of  2020,  is
 amended to read as follows:
   1.  Health  care  services  delivered  by means of telehealth shall be
 entitled to reimbursement under section three hundred  sixty-seven-u  of
 the  social services law; provided however, reimbursement for additional
 modalities, provider  categories  and  originating  sites  specified  in
 accordance with section twenty-nine hundred ninety-nine-ee of this arti-
 cle,  AND  AUDIO-ONLY  TELEPHONE  COMMUNICATION  DEFINED  IN REGULATIONS
 PROMULGATED PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-NINE  HUNDRED
 NINETY-NINE-CC  OF THIS ARTICLE, shall be contingent upon federal finan-
 cial participation.
   § 4. This act shall take effect immediately.