S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6741
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to requiring coverage for
   delivery of asynchronous telemedicine
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and declaration. The Legislature here-
 by  finds  that  there is a serious health concern in insurance policies
 denying coverage for contraceptive care. The Legislature also finds that
 throughout the COVID-19 pandemic, telemedicine has  been  essential  for
 patients across the state to receive care safely.
   This  Act  enacts various provisions requiring that insurance policies
 cover services provided  through  telemedicine,  including  requirements
 that  insurers  provide coverage for contraceptive care, that will allow
 patients across the  state  to  receive  care  and  limit  the  risk  of
 infection of COVID-19 throughout the pandemic.
   § 2. Section 3217-h of the insurance law, as added by chapter 6 of the
 laws of 2015, is amended to read as follows:
   §   3217-h.  Telehealth  AND  ASYNCHRONOUS  TELEMEDICINE  delivery  of
 services. (a) An insurer shall not exclude from coverage a service  that
 is otherwise covered under a policy that provides comprehensive coverage
 for  hospital,  medical  or surgical care, OR PRESCRIPTION DRUGS because
 the service is delivered via telehealth OR ASYNCHRONOUS TELEMEDICINE, as
 [that term is] SUCH TERMS ARE defined in subsection (b)  AND  SUBSECTION
 (C)  of  this  section[;  provided, however, that an insurer may exclude
 from coverage a service by a health care provider where the provider  is
 not  otherwise  covered  under  the  policy]. An insurer may subject the
 coverage of a service delivered via telehealth to  co-payments,  coinsu-
 rance or deductibles provided that they are at least as favorable to the
 insured as those established for the same service when not delivered via
 telehealth.  An  insurer may subject the coverage of a service delivered
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09437-01-1

 A. 6741                             2
 
 via telehealth to reasonable utilization management and  quality  assur-
 ance  requirements  that  are  consistent with those established for the
 same service when not delivered via telehealth.
   (b)  For purposes of this section, "telehealth" means the use of elec-
 tronic information and  communication  technologies  by  a  health  care
 provider  to deliver health care services to an insured individual while
 such individual is located at a site that is  different  from  the  site
 where the health care provider is located.
   (C)  FOR  PURPOSES  OF THIS SECTION, "ASYNCHRONOUS TELEMEDICINE" MEANS
 THE  STORE-AND-FORWARD  METHOD  OF  SECURE  ELECTRONIC  TRANSMISSION  OF
 MEDICAL  INFORMATION,  INCLUDING,  BUT  NOT  LIMITED TO, DIGITAL IMAGES,
 DOCUMENTS, PRE-RECORDED VIDEOS AND OTHER DATA  PROVIDED  TO  OR  BETWEEN
 HEALTH CARE PROVIDERS FOR THE PURPOSE OF DELIVERING HEALTH CARE SERVICES
 TO  AN  INSURED  INDIVIDUAL  THAT IS NOT TRANSMITTED SIMULTANEOUSLY WITH
 SERVICES DELIVERED PURSUANT TO SUBSECTION (B) OF THIS SECTION.
   § 3. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 36 to read as follows:
   (36) EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
 INCLUDE COVERAGE FOR THE COST OF CONTRACEPTIVE  CARE  DELIVERED  THROUGH
 ASYNCHRONOUS  TELEMEDICINE  AS  AUTHORIZED BY SECTION THREE THOUSAND TWO
 HUNDRED SEVENTEEN-H OF THIS ARTICLE.
   § 4. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
 INCLUDE COVERAGE FOR THE COST OF CONTRACEPTIVE  CARE  DELIVERED  THROUGH
 ASYNCHRONOUS  TELEMEDICINE IN ACCORDANCE WITH SECTION THREE THOUSAND TWO
 HUNDRED SEVENTEEN-H OF THIS ARTICLE.
   § 5. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ss) to read as follows:
   (SS)  EVERY  CONTRACT  ISSUED  BY  A HOSPITAL SERVICE CORPORATION OR A
 HEALTH SERVICE CORPORATION  WHICH  PROVIDES  COVERAGE  FOR  PRESCRIPTION
 DRUGS  SHALL  INCLUDE COVERAGE FOR THE COST OF CONTRACEPTIVE CARE DELIV-
 ERED THROUGH ASYNCHRONOUS  TELEMEDICINE  AS  THAT  TERM  IS  DEFINED  IN
 SECTION THREE THOUSAND TWO HUNDRED SEVENTEEN-H OF THIS CHAPTER.
   § 6. Section 4306-g of the insurance law, as added by chapter 6 of the
 laws of 2015, is amended to read as follows:
   §   4306-g.  Telehealth  AND  ASYNCHRONOUS  TELEMEDICINE  delivery  of
 services. (a) A corporation shall not exclude from  coverage  a  service
 that  is  otherwise covered under a contract that provides comprehensive
 coverage for hospital, medical or surgical care, OR  PRESCRIPTION  DRUGS
 because the service is delivered via telehealth OR ASYNCHRONOUS TELEMED-
 ICINE, as [that term is] AS SUCH TERMS ARE defined in subsection (b) AND
 SUBSECTION  (C)  of this section[; provided, however, that a corporation
 may exclude from coverage a service by a health care provider where  the
 provider  is  not  otherwise covered under the contract].  A corporation
 may subject the coverage  of  a  service  delivered  via  telehealth  to
 co-payments,  coinsurance or deductibles provided that they are at least
 as favorable to the insured as those established for  the  same  service
 when  not delivered via telehealth. A corporation may subject the cover-
 age of a service delivered  via  telehealth  to  reasonable  utilization
 management  and  quality assurance requirements that are consistent with
 those established for the same service  when  not  delivered  via  tele-
 health.
   (b)  For purposes of this section, "telehealth" means the use of elec-
 tronic information and  communication  technologies  by  a  health  care
 provider  to deliver health care services to an insured individual while

 A. 6741                             3
 
 such individual is located at a site that is  different  from  the  site
 where the health care provider is located.
   (C)  FOR  PURPOSES  OF THIS SECTION, "ASYNCHRONOUS TELEMEDICINE" MEANS
 THE  STORE-AND-FORWARD  METHOD  OF  SECURE  ELECTRONIC  TRANSMISSION  OF
 MEDICAL  INFORMATION,  INCLUDING,  BUT  NOT  LIMITED TO, DIGITAL IMAGES,
 DOCUMENTS, PRE-RECORDED VIDEOS AND OTHER DATA  PROVIDED  TO  OR  BETWEEN
 HEALTH CARE PROVIDERS FOR THE PURPOSE OF DELIVERING HEALTH CARE SERVICES
 TO  AN  INSURED  INDIVIDUAL  THAT IS NOT TRANSMITTED SIMULTANEOUSLY WITH
 SERVICES DELIVERED PURSUANT TO SUBSECTION (B) OF THIS SECTION.
   § 7. This act shall take effect immediately.