S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6733
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 8, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  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
              

 S. 6733                             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.