NY State Senate Bill 2023-S2776A

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	print number 2776a
May 06, 2024	amend (t) and recommit to health
Jan 03, 2024	referred to health returned to senate died in assembly
Mar 30, 2023	referred to health delivered to assembly passed senate
Mar 20, 2023	advanced to third reading
Mar 16, 2023	2nd report cal.
Mar 15, 2023	1st report cal.521
Jan 24, 2023	referred to health

Votes

- Mar 30, 2023 - Floor Vote
  S2776A
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 30, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Rhoads
      
      excused (1)
      
      Ramos
  Mar 14, 2023 - Health Committee Vote
  S2776A
  
  11
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 14, 2023
      
      aye (11)
      
      Ashby
      
      Brouk
      
      Felder
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Thomas
      
      Webb
      
      nay (1)
      
      Rhoads
      
      aye wr (3)
      
      Gallivan
      
      Martins
      
      Stec

Bill Amendments

Original

A (Active)

2023-S2776 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2999-dd, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S9584

2023-S2776 - Summary

Expands the healthcare services provided by telehealth.

2023-S2776 - Sponsor Memo

                                 
BILL NUMBER: S2776

SPONSOR: RIVERA
 
TITLE OF BILL:

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 insurance law
relating to reimbursement for commercial and Medicaid services provided
via telehealth, in relation to the effectiveness thereof

 
PURPOSE:

To expand healthcare services provided by telehealth.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends public health law, establishing guidelines for
reimbursement rates for certain services delivered by telehealth.
Generally, telehealth services are entitled to reimbursement at parity
to reimbursement provided for in-person services. However, telehealth
services provided by articles 16, 31, or 32, which provide services for

individuals with developmental disabilities, mental health, and
substance use disorders respectively, are only reimbursed at the appli-
cable in-person rate if the service is explicitly authorized by the
Commissioners of the Office for People With Developmental Disabilities
(OPWDD), the Office of Mental Health (OMH), or the Office of Addiction
Services and Supports (OASAS) respectively. This bill would create a
general presumptive reimbursement at parity for all telehealth services
provided through these facilities unless a specific service is deemed
inappropriate by the relevant commissioner.

Section 2 eliminates the sunset for the telehealth reimbursement parity
statute, which is set to be repealed on April 1, 2024.

Section 3 establishes an effective date of 60 days following enactment.

 
JUSTIFICATION:

Healthcare services delivered through telehealth address non-urgent care
or routine management of medical or psychiatric conditions.  Telehealth
has played an important role in addressing certain conditions as people
often feel more comfortable receiving services from home. Recently, we
have seen a surge in demand for services related to mental health and
substance use disorders, inundating the provider community. This bill
will help to incentivize providers operating in that space to provide
services through telehealth with the goal of increasing access to care
for individuals seeking such services. The bill would create a general
presumption that these services are reimbursed at parity unless the
respective Commissioners of OMH, OPWDD, or OASAS determine that tele-
health is an inappropriate modality for a specific service. This bill
will also remove uncertainty as it relates to the future of telehealth
reimbursement parity by eliminating the sunset clause on the telehealth
payment parity statute enacted in the SFY 2022-23 budget.

Prior to COVID-19, the use of telehealth was relatively minimal. Since
the start of the pandemic, the use of telehealth services has grown
rapidly as a format to help maintain social distancing and improve the
ability of providers to deliver services. However, with the rise of
telehealth utilization, there has been a lack of uniform coverage poli-
cies across insurers and states. This bill will ensure that telehealth
services will continue to be provided with the support of appropriate
reimbursement rates.

 
PRIOR LEGISLATIVE HISTORY:

2022: S9584

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 60 days after it shall have become law.

2023-S2776 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2776
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 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.
                                                            LBD02426-01-3

 S. 2776                             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, such
 services  provided by telehealth[, as deemed appropriate by the relevant
 commissioner,] 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, UNLESS A SPECIFIC SERVICE
 IS DEEMED INAPPROPRIATE BY THE RELEVANT COMMISSIONER.
   § 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].
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of this act shall take effect on the sixtieth day after it
 shall have become a law.

2023-S2776A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2999-dd, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S9584

2023-S2776A (ACTIVE) - Summary

Expands the healthcare services provided by telehealth.

2023-S2776A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2776A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to expanding health-
care services provided by telehealth

 
PURPOSE:

To expand healthcare services provided by telehealth.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends public health law, establishing guidelines for
reimbursement rates for certain services delivered by telehealth.
Generally, telehealth services are entitled to reimbursement at parity
to reimbursement provided for in-person services. However, telehealth
services provided by articles 16, 31, or 32, which provide services for
individuals with developmental disabilities, mental health, and
substance use disorders respectively, are only reimbursed at the appli-
cable in-person rate if the service is explicitly authorized by the

Commissioners of the Office for People With Developmental Disabilities
(OPWDD), the Office of Mental Health (OMH), or the Office of Addiction
Services and Supports (OASAS) respectively. This bill would create a
general presumptive reimbursement at parity for all telehealth services
provided through these facilities unless a specific service is deemed
inappropriate by the relevant commissioner.

Section 3 establishes an effective date of 60 days following enactment.

 
JUSTIFICATION:

Healthcare services delivered through telehealth address non-urgent care
or routine management of medical or psychiatric conditions.  Telehealth
has played an important role in addressing certain conditions as people
often feel more comfortable receiving services from home. Recently, we
have seen a surge in demand for services related to mental health and
substance use disorders, inundating the provider community. This bill
will help to incentivize providers operating in that space to provide
services through telehealth with the goal of increasing access to care
for individuals seeking such services. The bill would create a general
presumption that these services are reimbursed at parity unless the
respective Commissioners of the Office for People With Developmental
Disabilities (OPWDD), the Office of Mental Health (OMH), or the Office
of Addiction Services and Supports (OASAS) determine that telehealth is
an inappropriate modality for a specific service.

Prior to COVID-19, the use of telehealth was relatively minimal. Since
the start of the pandemic, the use of telehealth services has grown
rapidly as a format to help maintain social distancing and improve the
ability of providers to deliver services. However, with the rise of
telehealth utilization, there has been a lack of uniform coverage poli-
cies across insurers and states. This bill will ensure that telehealth
services will continue to be provided with the support of appropriate
reimbursement rates.

 
PRIOR LEGISLATIVE HISTORY:

2022: S9584

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 60 days after it shall have become law.

2023-S2776A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2776--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the public health law, in relation to expanding health-
   care services provided by telehealth
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02426-02-4

 S. 2776--A                          2
 
 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, such
 services  provided by telehealth[, as deemed appropriate by the relevant
 commissioner,] 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, UNLESS A SPECIFIC SERVICE
 IS DEEMED INAPPROPRIATE BY THE RELEVANT COMMISSIONER.
   § 2.  This act shall take effect on the sixtieth day  after  it  shall
 have become a law.

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Senate Bill S2776A

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Mar 30, 2023 - Floor Vote

Floor Vote: Mar 30, 2023

Mar 14, 2023 - Health Committee Vote

Health Committee Vote: Mar 14, 2023

Bill Amendments

2023-S2776 - Details

2023-S2776 - Summary

2023-S2776 - Sponsor Memo

2023-S2776 - Bill Text download pdf

2023-S2776A (ACTIVE) - Details

2023-S2776A (ACTIVE) - Summary

2023-S2776A (ACTIVE) - Sponsor Memo

2023-S2776A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2776A

Share this bill

Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Health Committee

Bill Amendments

2023-S2776 - Details

2023-S2776 - Summary

2023-S2776 - Sponsor Memo

2023-S2776 - Bill Text download pdf

2023-S2776A (ACTIVE) - Details

2023-S2776A (ACTIVE) - Summary

2023-S2776A (ACTIVE) - Sponsor Memo

2023-S2776A (ACTIVE) - Bill Text download pdf

Comments