S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7316
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to amend the public health law, in relation to expanding health
   care services provided by telehealth; and to amend part V  of  chapter
   57  of the laws of 2022, amending the public health law and the insur-
   ance  law  relating  to  reimbursement  for  commercial  and  Medicaid
   services  provided  via  telehealth,  in relation to the effectiveness
   thereof
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11157-01-3
              

 A. 7316                             2
 
 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
 FOR ANY SERVICES DELIVERED THROUGH A  FACILITY  LICENSED  UNDER  ARTICLE
 TWENTY-EIGHT  OF  THIS  CHAPTER THAT IS ELIGIBLE TO BE DESIGNATED OR HAS
 RECEIVED A DESIGNATION AS A FEDERALLY QUALIFIED HEALTH CENTER IN ACCORD-
 ANCE WITH 42 USC § 1396A(AA), AS AMENDED, OR ANY SUCCESSOR LAW  THERETO,
 INCLUDING  THOSE FACILITIES THAT ARE ALSO LICENSED UNDER ARTICLE THIRTY-
 ONE OR ARTICLE THIRTY-TWO OF  THE  MENTAL  HYGIENE  LAW,  such  services
 provided  by  telehealth[, as deemed appropriate by the relevant commis-
 sioner,] shall be reimbursed at the applicable in person rates  or  fees
 established  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.  Section 7 of part V of chapter 57 of the laws of 2022,  amending
 the  public  health  law and the insurance law relating to reimbursement
 for commercial and Medicaid services provided via telehealth, is amended
 to read as follows:
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022; provided,
 however, this act shall expire and be deemed repealed on and after April
 1, [2024] 2026.
   §  3.  This  act shall take effect immediately; provided however, that
 the provisions of section one of this act shall  take  effect  April  1,
 2024; provided further, however, that the amendments to subdivision 1 of
 section 2999-dd of the public health law made by section one of this act
 shall not affect the expiration of such subdivision and shall expire and
 be deemed repealed therewith.