S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6509
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law, in relation to reimbursement for
   telehealth services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Subdivision 1 of section 2999-dd of the public health law,
 as  amended by section 2 of part V of chapter 57 of the laws of 2022, 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 on the same basis, at the same rate, and to  the
 same  extent  the  equivalent services, as may be defined in regulations
 promulgated by  the  commissioner,  are  reimbursed  when  delivered  in
 person;  provided, however, that health care services delivered by means
 of telehealth shall not require reimbursement to a  telehealth  provider
 for  certain  costs, including but not limited to facility fees or costs
 reimbursed through ambulatory patient groups or other clinic  reimburse-
 ment  methodologies  set  forth in section twenty-eight hundred seven of
 this chapter, if such costs were not incurred in the provision of  tele-
 health services due to neither the originating site nor the distant site
 occurring  within  a  facility  or  other  clinic  setting;  and further
 provided, however, reimbursement  for  additional  modalities,  provider
 categories  and  originating  sites specified in accordance with section
 twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
 phone 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  financial  participation.
 Notwithstanding   the  provisions  of  this  subdivision,  for  services
 licensed, certified or otherwise authorized pursuant to article sixteen,
 article thirty-one or article thirty-two of the mental hygiene law,  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10741-01-3
              

 A. 6509                             2
 
 FOR  ANY  SERVICES  DELIVERED  THROUGH A FACILITY LICENSED UNDER ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER TO ELIGIBLE PERSONS DIAGNOSED WITH A DEVEL-
 OPMENTAL DISABILITY OR A TRAUMATIC BRAIN INJURY, such services  provided
 by  telehealth[,  as  deemed  appropriate by the relevant commissioner,]
 shall be reimbursed at the applicable in person  rates  or  fees  estab-
 lished  by  law, or otherwise established or certified by the office for
 people with developmental disabilities, office of mental health, or  the
 office  of  addiction  services  and supports pursuant to article forty-
 three of the mental hygiene law.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been in effect on and after April 1, 2023; provided, however, that
 the amendments to subdivision 1 of section 2999-dd of the public  health
 law  made  by section one of this act shall be subject to the expiration
 and reversion of  such  subdivision  and  shall  expire  and  be  deemed
 repealed therewith.