S T A T E O F N E W Y O R K
________________________________________________________________________
2922
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. SCHIMMINGER, GOTTFRIED, GUNTHER, MORELLE, JOHN,
GANTT, KOON -- Multi-Sponsored by -- M. of A. GALEF -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to a study of tele-
medicine and providing for the repeal of such provisions upon expira-
tion thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new article 17
to read as follows:
ARTICLE 17
TELEMEDICINE
SECTION 1701. LEGISLATIVE FINDINGS.
1702. DEFINITION.
1703. PROGRAM TO STUDY TELEMEDICINE.
1704. REPORTS.
S 1701. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT THE PROMOTION
OF TELEMEDICINE IS AN IMPORTANT STATE GOAL. TELEMEDICINE WILL ALLOW FOR
IMPROVEMENTS IN THE QUALITY, DELIVERY, AND EFFICIENCY OF HEALTH CARE IN
THE STATE OF NEW YORK.
THE LEGISLATURE FURTHER FINDS THAT THERE IS A NEED TO STUDY THE ISSUE
OF TELEMEDICINE TO IDENTIFY CONCERNS REGARDING THE SAFETY AND EFFECTIVE-
NESS OF THE TELEHEALTH SYSTEM, THE EXTENT OF PATIENT PRIVACY PROBLEMS,
AND OTHER CONCERNS IN ORDER TO HELP DETERMINE THE STATE'S POLICIES WITH
RESPECT THERETO.
S 1702. DEFINITION. WHEN USED IN THIS ARTICLE, "TELEMEDICINE" SHALL
MEAN THE USE OF INTERACTIVE AUDIO, VIDEO, OR OTHER ELECTRONIC MEDIA TO
DELIVER HEALTH CARE. THE TERM SHALL INCLUDE THE USE OF ELECTRONIC MEDIA
FOR DIAGNOSIS, CONSULTATION, TREATMENT, TRANSFER OF MEDICAL DATA, AND
MEDICAL EDUCATION. THE TERM SHALL NOT INCLUDE SERVICES PERFORMED USING
CONVENTIONAL TELEPHONE OR FACSIMILE MACHINE TECHNOLOGY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03975-01-9
A. 2922 2
S 1703. PROGRAM TO STUDY TELEMEDICINE. THE COMMISSIONER AND THE
COMMISSIONER OF EDUCATION SHALL ESTABLISH A PROGRAM TO STUDY TELEMEDI-
CINE. SUCH PROGRAM SHALL:
1. IDENTIFY TECHNICAL, LEGAL, AND COST ISSUES RELATING TO THE DEVELOP-
MENT OF EFFECTIVE TELEMEDICINE SERVICES IN THE STATE;
2. STUDY THE APPARENT BARRIERS TO THE DEVELOPMENT OF EFFECTIVE TELE-
MEDICINE SERVICES IN THE STATE;
3. SURVEY FEDERAL, STATE, AND LOCAL GOVERNMENT ENTITIES AND THE
PRIVATE SECTOR TO ADDRESS PROBLEMS, DEVELOP POLICIES, AND OTHERWISE
IMPROVE THE DELIVERY OF TELEMEDICINE SERVICES;
4. STUDY EFFORTS OF OTHER STATES AND THE FEDERAL GOVERNMENT TO DEVELOP
EFFECTIVE TELEMEDICINE SERVICES;
5. ENGAGE ANY AND ALL INTERESTED PARTIES TO ENCOURAGE THE DEVELOPMENT
OF CONTRACTS OR OTHER AGREEMENTS WHEREBY ENTITIES NEEDING TELEMEDICINE
SERVICES CAN OBTAIN THEM PURSUANT TO REASONABLE TERMS AND CONDITIONS;
6. SOLICIT INPUT FROM INTERESTED PARTIES;
7. STIMULATE STATEWIDE DISCUSSION ON THE ISSUE OF TELEMEDICINE;
8. ADVISE THE GOVERNOR AND LEGISLATURE REGARDING IMPROVEMENT OF PUBLIC
POLICIES RELATING TO TELEMEDICINE;
9. MAKE RECOMMENDATIONS ON INTEGRATION OF NEW AND EMERGING TECHNOLO-
GIES AND APPLICATIONS FOR DELIVERY OF HEALTH CARE SERVICES THROUGH TELE-
COMMUNICATIONS INTO THE TELEHEALTH SYSTEM; AND
10. MAKE RECOMMENDATIONS ON METHODS OF ENSURING THAT THE TELEHEALTH
SYSTEM UTILIZES FEDERAL FUNDS TO THE MAXIMUM EXTENT POSSIBLE.
S 1704. REPORTS. THE COMMISSIONER AND THE COMMISSIONER OF EDUCATION
SHALL PREPARE A PRELIMINARY REPORT OF FINDINGS TO BE FILED WITH THE
GOVERNOR AND THE LEGISLATURE WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF
THIS ARTICLE, AND A FINAL REPORT WITHIN ONE YEAR OF THE EFFECTIVE DATE
OF THIS ARTICLE.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed 1 year after such effective date.