S T A T E O F N E W Y O R K
________________________________________________________________________
8609
I N S E N A T E
June 18, 2020
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 and
making certified peer recovery advocate services eligible for such
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. Subdivision 2 of section 2999-cc of the public health law is
amended by adding a new paragraph (t-1) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16732-01-0
S. 8609 2
(T-1) CERTIFIED PEER RECOVERY ADVOCATE SERVICES PROVIDERS CERTIFIED BY
THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS PURSUANT TO SECTION
19.18-B OF THE MENTAL HYGIENE LAW;
§ 3. 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-
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.
§ 4. 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.
§ 5. This act shall take effect immediately.
