S T A T E   O F   N E W   Y O R K
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                                  11415

                          I N  A S S E M B L Y

                              June 11, 2010
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Morelle,
  Christensen,  Destito,  Gabryszak,  Colton,   Schimminger,   DelMonte,
  DenDekker,  Galef,  Cymbrowitz,  Maisel,  Bing, Mayersohn, Millman) --
  read once and referred to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  promoting  the
  development,  provision  and  accessibility of telehealth/telemedicine
  services in New York state; and to amend the  state  finance  law,  in
  relation  to  establishing  a  New  York state telehealth/telemedicine
  development and research grant fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
state telehealth/telemedicine development act."
  S 2. The public health law is amended by adding a new article 27-M  to
read as follows:
                              ARTICLE 27-M
       NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT PROGRAM
SECTION 2799-T. LEGISLATIVE INTENT.
        2799-U. COORDINATION    OF   DEPARTMENT   RESPONSIBILITIES   FOR
                  TELEHEALTH/TELEMEDICINE; ANNUAL PLAN.
        2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS  FOR  UNDER-
                  SERVED AREAS AND POPULATIONS.
        2799-W. TELEHEALTH/TELEMEDICINE RESEARCH.
  S  2799-T.  LEGISLATIVE  INTENT. THE LEGISLATURE RECOGNIZES THE DEMON-
STRATED  COST-EFFECTIVENESS,  IMPROVEMENTS  IN  DISEASE  MANAGEMENT  AND
IMPROVED    PATIENT   OUTCOMES   RESULTING   FROM   THE   PROVISION   OF
TELEHEALTH/TELEMEDICINE SERVICES. TELEHEALTH/TELEMEDICINE  SERVICES  ARE
THOSE  SERVICES  WHICH  UTILIZE  ELECTRONIC TECHNOLOGY OVER A GEOGRAPHIC
DISTANCE BETWEEN PATIENTS AND HEALTH CARE PROVIDERS FOR THE PURPOSES  OF
ASSESSMENT,  MONITORING, INTERVENTION, CLINICAL MANAGEMENT AND/OR EDUCA-
TION WITH PATIENTS. STUDIES HAVE CHRONICLED  SIGNIFICANT  REDUCTIONS  IN
HOSPITALIZATIONS  AND  OTHERWISE  NECESSARY  MEDICAL CARE AS A RESULT OF
TELEHEALTH/TELEMEDICINE INTERVENTION. THE LEGISLATURE FURTHER RECOGNIZES
THAT GEOGRAPHY, WEATHER AND OTHER FACTORS CAN CREATE BARRIERS TO ACCESS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17518-01-0

A. 11415                            2

ING APPROPRIATE HEALTH AND MENTAL HEALTH CARE  IN  NEW  YORK  STATE  AND
THAT  ONE WAY   TO PROVIDE, ENSURE OR ENHANCE ACCESS TO CARE GIVEN THESE
BARRIERS IS THROUGH THE APPROPRIATE USE OF TECHNOLOGY  TO  ALLOW  HEALTH
CARE  CONSUMERS  ACCESS  TO  QUALIFIED  HEALTH CARE PROVIDERS AND INSTI-
TUTIONS.   IN   ORDER   TO   PROMOTE   THE   ROLE   AND   CAPACITY    OF
TELEHEALTH/TELEMEDICINE  TECHNOLOGY  RELATIVE  TO  THESE  PURPOSES,  THE
LEGISLATURE HEREBY ENACTS THE  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE
DEVELOPMENT  ACT  TO  ESTABLISH  A  TELEHEALTH/TELEMEDICINE  DEVELOPMENT
PROGRAM TO COORDINATE AND FOCUS STATE ADMINISTRATIVE RESPONSIBILITIES AS
WELL AS STATE POLICY AND PROGRAM PLANNING  FOR  TELEHEALTH/TELEMEDICINE,
PROVIDE FOR TELEHEALTH/TELEMEDICINE DEVELOPMENT IN UNDERSERVED GEOGRAPH-
IC  AREAS  AND  FOR  NEW  POPULATIONS, PROMOTE QUALITY AND SAFEGUARDS IN
TELEHEALTH/TELEMEDICINE,  PROMOTE  AND  ASSIST   TELEHEALTH/TELEMEDICINE
RESEARCH  AND EVALUATION, ESTABLISH THE TELEHEALTH/TELEMEDICINE RESEARCH
AND DEVELOPMENT FUND, AND PROVIDE FOR CAPITAL FINANCING.
  S   2799-U.   COORDINATION   OF   DEPARTMENT   RESPONSIBILITIES    FOR
TELEHEALTH/TELEMEDICINE;  ANNUAL PLAN. 1. THE COMMISSIONER SHALL COORDI-
NATE AND FOCUS THE DEPARTMENT'S DEVELOPMENTAL, ADMINISTRATIVE,  RESEARCH
AND EVALUATION RESPONSIBILITIES FOR TELEHEALTH/TELEMEDICINE SERVICES.
  2. THE COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
FIED IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF
THIS  ARTICLE,  SHALL  PREPARE  AND SUBMIT AN ANNUAL PLAN TO SUPPORT THE
PROVISION  OF  TELEHEALTH/TELEMEDICINE  SERVICES  PROVIDED  PURSUANT  TO
SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAP-
TER,  AS  WELL  AS  OTHER TELEHEALTH/TELEMEDICINE SERVICES FOR WHICH THE
DEPARTMENT HAS  DEVELOPMENTAL  AND  ADMINISTRATIVE  RESPONSIBILITY.  THE
ANNUAL PLAN SHALL INCLUDE:
  (A)  ANY  NECESSARY RECOMMENDATIONS FOR LEGISLATIVE, ADMINISTRATIVE OR
BUDGETARY SUPPORT FOR TELEHEALTH/TELEMEDICINE SERVICES;
  (B) THE IDENTIFICATION OF BARRIERS TO THE PROVISION OF AND  ACCESS  TO
TELEHEALTH/TELEMEDICINE,  INCLUDING  EDUCATION  AND  TRAINING  FOR  BOTH
PROVIDERS AND CONSUMERS, ELECTRONIC RECORDS INTERFACE,  AND  OTHER,  AND
THE  METHODS  BY WHICH THE DEPARTMENT WILL AID IN ADDRESSING SUCH BARRI-
ERS; AND
  (C) AN ABSTRACT OF TELEHEALTH/TELEMEDICINE RESEARCH EITHER BEING OR TO
BE CONDUCTED BY THE DEPARTMENT, OR FACILITATED  BY  THE  DEPARTMENT  AND
BEING OR TO BE CONDUCTED BY PROVIDERS OR OTHER ENTITIES.
  3.  THE  COMMISSIONER  SHALL  PROVIDE COPIES OF THE ANNUAL PLAN TO THE
GOVERNOR, THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE  AND
THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY.
  4.  (A)  THE  COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS
SPECIFIED  IN  SUBDIVISION   TWO   OF   SECTION   TWENTY-SEVEN   HUNDRED
NINETY-NINE-V OF THIS ARTICLE, SHALL IDENTIFY STANDARDS DETERMINED TO BE
NECESSARY  FOR TELEHEALTH/TELEMEDICINE SERVICES UNDER THIS ARTICLE. SUCH
STANDARDS, INCLUDING STANDARDS FOR THE PROTECTION  OF  PATIENT  INFORMA-
TION, SHALL BE IDENTIFIED FROM:
  (I)  THE  AMERICAN TELEMEDICINE ASSOCIATION, THE FEDERAL FOOD AND DRUG
ADMINISTRATION AND/OR OTHER GENERALLY RECOGNIZED STANDARD-SETTING ORGAN-
IZATIONS AS THE COMMISSIONER MAY DETERMINE;
  (II) TITLE EIGHT OF THE EDUCATION LAW AND  REGULATIONS  THERETO,  THIS
CHAPTER  AND  REGULATIONS  THERETO  AND, AS APPLICABLE, THE STANDARDS OF
RELEVANT PROFESSIONAL OR ACCREDITING  BODIES  AS  THE  COMMISSIONER  MAY
DETERMINE,   TO   ENSURE   THAT  TELEHEALTH/TELEMEDICINE  MONITORING  IS
CONDUCTED BY INDIVIDUALS IN ACCORDANCE WITH,  AND  AS  LIMITED  BY,  THE
APPLICABLE  SCOPE OF PRACTICE, LICENSURE AND/OR CREDENTIALING PROVISIONS
OF SUCH LAWS AND STANDARDS.

A. 11415                            3

  (B) THE COMMISSIONER MAY INCORPORATE, WITHIN THE ANNUAL PLAN SUBMITTED
PURSUANT TO SUBDIVISION TWO OF THIS  SECTION,  RECOMMENDATIONS  FOR  ANY
ADDITIONAL   STANDARDS   OR   REQUIREMENTS  FOR  TELEHEALTH/TELEMEDICINE
SERVICES AS MAY BE NECESSARY UNDER THIS ARTICLE.
  S  2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS FOR UNDERSERVED
AREAS AND POPULATIONS. 1. SUBJECT TO THE AVAILABILITY  OF  FUNDING  FROM
SECTION  NINETY-NINE-T OF THE STATE FINANCE LAW, FUNDS MADE AVAILABLE IN
THE GENERAL FUND OR ANY OTHER FUNDS MADE AVAILABLE THEREFOR, THE DEPART-
MENT SHALL PROVIDE GRANTS TO ELIGIBLE PROVIDERS FOR:
  (A) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN  GEOGRAPHIC
AREAS  OF  THE  STATE  DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
BASIS OF A LACK OF PROVIDERS PURSUANT TO THIS ARTICLE;
  (B) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN  GEOGRAPHIC
AREAS  OF  THE  STATE  DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
BASIS OF THE LACK OF TELEHEALTH/TELEMEDICINE SERVICES IN THE AREA;
  (C) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW  POPU-
LATIONS,  WHERE  EVIDENCE  SUGGESTS THE PROVISION OF SUCH SERVICES WOULD
FACILITATE THE  MANAGEMENT  OF  PATIENT  CARE,  ACCESS  TO  CARE  AND/OR
COST-EFFECTIVENESS OF CARE;
  (D) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW CONDI-
TIONS,  WHERE  EVIDENCE  SUGGESTS  THE  PROVISION OF SUCH SERVICES WOULD
FACILITATE THE MANAGEMENT OF SUCH  CONDITIONS,  ACCESS  TO  CARE  AND/OR
COST-EFFECTIVENESS OF CARE;
  (E)  THE  DEVELOPMENT  OF TELEHEALTH/TELEMEDICINE SERVICES TO EVALUATE
THE POTENTIAL BENEFITS OF NEW  TELEHEALTH/TELEMEDICINE  TECHNOLOGY,  FOR
PATIENT CARE, ACCESS TO CARE AND/OR COST-EFFECTIVENESS OF CARE; OR
  (F) SUCH OTHER PURPOSES AS THE DEPARTMENT MAY IDENTIFY.
  2.  ELIGIBLE  PROVIDERS  SHALL  INCLUDE  THOSE  LICENSED, CERTIFIED OR
AUTHORIZED UNDER ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS CHAP-
TER OR UNDER SECTION FORTY-FOUR  HUNDRED  THREE-F  OF  THIS  CHAPTER  OR
PHYSICIANS  LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF TITLE EIGHT
OF THE EDUCATION LAW;  PROVIDED  HOWEVER  THAT  ELIGIBILITY  UNDER  THIS
SECTION  TO PROVIDE TELEHEALTH/TELEMEDICINE SERVICES SHALL BE CONSISTENT
WITH THE AUTHORITY FOR THE PROVISION OF CARE OTHERWISE PROVIDED PURSUANT
TO ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS  CHAPTER  OR  UNDER
SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER OR TITLE EIGHT OF THE
EDUCATION LAW.
  3.  THE  DEPARTMENT, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
FIED IN SUBDIVISION TWO OF THIS SECTION, SHALL ESTABLISH THE  FORMS  AND
PROCESS  FOR  THE SUBMISSION AND APPROVAL OF GRANT APPLICATIONS PURSUANT
TO THIS SUBDIVISION.
  S 2799-W. TELEHEALTH/TELEMEDICINE RESEARCH. 1. THE COMMISSIONER  SHALL
PROMOTE  AND SUPPORT CLINICAL AND PROGRAMMATIC RESEARCH BY PROVIDERS AND
OTHER ENTITIES TO FURTHER EVALUATE, REFINE AND/OR DEVELOP EFFECTIVE  AND
EFFICIENT  APPLICATION OF TELEHEALTH/TELEMEDICINE METHODS AND TECHNOLOGY
TO POPULATIONS, CONDITIONS AND  CIRCUMSTANCES.  THE  COMMISSIONER  SHALL
MAKE AVAILABLE DATA AND TECHNICAL ASSISTANCE FOR SUCH RESEARCH, PROVIDED
THAT  ANY  DATA MADE AVAILABLE MUST NOT CONTAIN INDIVIDUALLY IDENTIFYING
INFORMATION.
  2. THE COMMISSIONER IS AUTHORIZED  TO  APPLY  FOR  SUCH  GOVERNMENTAL,
PHILANTHROPIC  AND OTHER GRANTS THAT MAY BE AVAILABLE FOR SUCH RESEARCH.
MONIES FROM SUCH GRANTS  SHALL  BE  DEPOSITED  IN  THE  NEW  YORK  STATE
TELEHEALTH/TELEMEDICINE  DEVELOPMENT AND RESEARCH GRANT FUND ESTABLISHED
BY SECTION NINETY-NINE-T OF THE STATE FINANCE LAW.

A. 11415                            4

  3. THE DEPARTMENT SHALL CONSULT WITH ELIGIBLE PROVIDERS, AS  SPECIFIED
IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THIS
ARTICLE IN THE IMPLEMENTATION OF THIS SECTION.
  S  3. Section 3614 of the public health law is amended by adding a new
subdivision 3-d to read as follows:
  3-D. CAPITAL REIMBURSEMENT FOR TELEHEALTH/TELEMEDICINE. THE DEPARTMENT
SHALL INCLUDE IN THE REIMBURSEMENT RATES ESTABLISHED  PURSUANT  TO  THIS
SECTION  A COST ALLOWANCE FOR THE REIMBURSEMENT OF CAPITAL COSTS FOR THE
DEVELOPMENT,  OPERATION   AND   PROVISION   OF   TELEHEALTH/TELEMEDICINE
SERVICES, INCLUDING THE LINKAGE OF TELEHEALTH/TELEMEDICINE AND ELECTRON-
IC  MEDICAL  RECORDS. THE METHODOLOGY FOR THE INCLUSION OF THE ALLOWANCE
SHALL BE DEVELOPED IN  CONSULTATION  WITH  THE  ELIGIBLE  PROVIDERS  FOR
TELEHEALTH/TELEMEDICINE  PURSUANT  TO SECTION TWENTY-SEVEN HUNDRED NINE-
TY-NINE-U OF THIS ARTICLE.
  S 4. The state finance law is amended by adding a new section 99-t  to
read as follows:
  S   99-T.  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE  DEVELOPMENT  AND
RESEARCH GRANT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY
OF THE STATE COMPTROLLER AND COMMISSIONER  OF  TAXATION  AND  FINANCE  A
SPECIAL  FUND TO BE KNOWN AS THE "NEW YORK STATE TELEHEALTH/TELEMEDICINE
DEVELOPMENT AND RESEARCH FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE  PURPOSE
OF  SUCH FUND AND ANY GRANT, GIFT OR BEQUEST MADE FOR PURPOSES OF DEVEL-
OPMENT  OR  GRANTS  FOR  TELEHEALTH/TELEMEDICINE  SERVICES  PURSUANT  TO
SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THE PUBLIC HEALTH LAW.
  3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF HEALTH
FOR  THE  PURPOSE  OF  PROVIDING  DEVELOPMENT  AND  RESEARCH  GRANTS FOR
TELEHEALTH/TELEMEDICINE PURSUANT TO SECTION TWENTY-SEVEN  HUNDRED  NINE-
TY-NINE-V OF THE PUBLIC HEALTH LAW.
  4.  THE  MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF HEALTH, OR BY AN OFFICER OR EMPLOYEE  OF  THE  DEPARTMENT  OF  HEALTH
DESIGNATED BY SUCH COMMISSIONER.
  S  5.  This  act  shall take effect immediately; provided that section
three of this act shall take effect on  the  first  day  of  April  next
succeeding  the  date  on which this act shall have become law; provided
further however that the commissioner of health shall be  authorized  to
take all necessary steps to implement this section by such date.