senate Bill S4337A

2013-2014 Legislative Session

Requires insurers and medical assistance for needy persons to provide coverage for the provision of telehealth services

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Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to health
delivered to assembly
passed senate
Jun 10, 2014 ordered to third reading cal.1245
committee discharged and committed to rules
Jan 23, 2014 print number 4337b
Jan 23, 2014 amend and recommit to health
Jan 08, 2014 referred to health
returned to senate
died in assembly
Jun 13, 2013 referred to health
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1342
committee discharged and committed to rules
Jun 03, 2013 print number 4337a
amend and recommit to health
Mar 21, 2013 referred to health

Votes

view votes

Jun 10, 2014 - Rules committee Vote

S4337B
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Jun 17, 2013 - Rules committee Vote

S4337A
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S4337A
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S4337 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2, Pub Health L; amd §§3216, 3221, 3229 & 4303, Ins L; amd §367-u, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S6969A

S4337 - Bill Texts

view summary

Requires insurers and medical assistance for needy persons to provide coverage for the provision of telehealth services.

view sponsor memo
BILL NUMBER:S4337

TITLE OF BILL: An act to amend the public health law, the insurance
law and the social services law, in relation to the provision of
telehealth services

PURPOSE:

Requires insurers and medical assistance for needy persons to provide
coverage for the provision of telehealth services.

SUMMARY OF PROVISIONS:

Section one would amend subdivision 1 of section 2 of the public
health law to provide definitions for "distant site," "health care
provider," "originating site," "telehealth" and "telemedicine."

Section two, three, four, and five would amend various provisions of
the insurance law to require individual accident and health insurance,
group or blanket accident and health insurance, and medical expense
indemnity corporations or hospital service corporations that provide
hospital, medical or surgical care to also provide coverage for
telehealth and telemedicine services, provided that the telemedicine
services meet federal Medicare program requirements, and telehealth
services are covered to the same extent as the home telehealth program
provides under paragraph 3-c of subdivision 3614 of the public health
law. Such coverage is subject to contractual limits including annual
deductibles, coinsurance, utilization management, and other managed
care tools on par with the same services when not provided via
telemedicine or telehealth.

Section six would amend the social services law to prohibit the
exclusion of telehealth services from reimbursement under Medicaid
solely because the otherwise covered service was delivered by
telehealth.

Section seven states the enactment date.

JUSTIFICATION:

Telehealth, including telemedicine, can benefit patients, especially
rural patients, hampered by economic or geographic restrictions, in
many ways.

Due to significant quality and fiscal improvements, patients see fewer
hospitalizations and costly visits to emergency rooms; expanded access
to providers; faster, more convenient and timely treatment; better
continuity of care; better coordination of care; reduction of lost
work time and travel costs; and the ability to remain within support
networks and age in place at home.

Persons of all ages who suffer from chronic diseases will have the
opportunity to stay in their homes longer, abnormal events may be
detected before they turn into a hospital visit, vital signs can be
monitored remotely by registered nurses, patients can get help with
medication adherence and be encouraged to take ownership of their own


well-being by better understanding the correlation between their
choices and their health outcomes.

Patients can receive consultations at a provider's office, not just
from that provider, but from doctors, nurse practitioners, physician
assistants, dentists and psychiatrists across the state and world.

However, to ensure that the field of telehealth and telemedicine can
reach its full potential, these services must be reimbursed in the
same manner as those provided face to face. Any individual who would
otherwise be entitled to receive coverage for in-person
encounter-based monitoring or consulting services should be entitled
to receive such services through the use of remote monitoring or
remote consults using real-time audio-visual telecommunications.

Enabling health care professionals to make use of available technology
will empower them to better serve their patients and enhance health
patient outcomes.

Cost-efficient quality healthcare will be preserved by permitting
telemedicine and telehealth services to be subject to the same
limitations as those same services would be when not given via
telemedicine or telehealth.

LEGISLATIVE HISTORY:

2012: S.6969-A PASSED SENATE: A.9833-A Committed to Health Committee

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

Effective January 1, 2014 and shall apply to all policies and
contracts issued, renewed, modified, altered or amended on or after
such date.

view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4337

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced by Sen. YOUNG -- (at request of the Legislative Commission on
  Rural  Resources)  -- read twice and ordered printed, and when printed
  to be committed to the Committee on Health

AN ACT to amend the public health law, the insurance law and the  social
  services law, in relation to the provision of telehealth services

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

  Section 1.  Subdivision 1 of section 2 of the  public  health  law  is
amended by adding five new paragraphs (o), (p), (q), (r) and (s) to read
as follows:
  (O)  DISTANT  SITE.  THE  TERM  "DISTANT SITE" MEANS A SITE AT WHICH A
HEALTH CARE PROVIDER IS LOCATED WHILE PROVIDING HEALTH CARE SERVICES  BY
MEANS OF A FEDERAL FOOD AND DRUG ADMINISTRATION APPROVED AND INTEROPERA-
BLE TELECOMMUNICATIONS SYSTEM.
  (P)  HEALTH  CARE  PROVIDER.  THE  TERM "HEALTH CARE PROVIDER" MEANS A
PERSON LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE, ONE  HUNDRED
THIRTY-ONE-B,  ONE  HUNDRED  THIRTY-THREE,  ONE HUNDRED THIRTY-NINE, ONE
HUNDRED FORTY, ONE  HUNDRED  FORTY-ONE,  ONE  HUNDRED  FORTY-THREE,  ONE
HUNDRED  FORTY-FOUR,  ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR
ONE HUNDRED FIFTY-NINE OF  THE  EDUCATION  LAW;  A  PHYSICIANS  PRACTICE
GROUP;  A  HOSPITAL;  A  CERTIFIED  HOME HEALTH AGENCY; A LONG TERM HOME
HEALTH CARE PROGRAM; AND  A LICENSED HOME CARE SERVICE AGENCY.
  (Q) ORIGINATING SITE. THE TERM "ORIGINATING  SITE"  MEANS  A  SITE  AT
WHICH A PATIENT IS LOCATED AT THE TIME HEALTH CARE SERVICES ARE PROVIDED
TO  HIM  OR  HER  BY  MEANS  OF  A  FEDERAL FOOD AND DRUG ADMINISTRATION
APPROVED AND INTEROPERABLE TELECOMMUNICATIONS SYSTEM.
  (R) TELEHEALTH. THE TERM "TELEHEALTH" MEANS  THE  MODE  OF  DELIVERING
HEALTH CARE SERVICES BY MEANS OF INFORMATION AND COMMUNICATIONS TECHNOL-
OGIES  CONSISTING  OF  TELEPHONES,  REMOTE PATIENT MONITORING DEVICES OR
OTHER ELECTRONIC  MEANS  WHICH  FACILITATE  THE  ASSESSMENT,  DIAGNOSIS,
CONSULTATION,  TREATMENT, EDUCATION, CARE MANAGEMENT AND SELF MANAGEMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02532-01-3

S. 4337                             2

OF A PATIENT'S HEALTH CARE WHILE SUCH PATIENT IS AT THE ORIGINATING SITE
AND THE HEALTH CARE PROVIDER IS AT  A  DISTANT  SITE.  SUCH  TERM  SHALL
INCLUDE TELEMEDICINE.
  (S)  TELEMEDICINE. THE TERM "TELEMEDICINE" MEANS THE DELIVERY OF CLIN-
ICAL HEALTH CARE SERVICES BY MEANS OF REAL TIME TWO-WAY ELECTRONIC AUDIO
VISUAL  COMMUNICATIONS  WHICH  FACILITATE  THE  ASSESSMENT,   DIAGNOSIS,
CONSULTATION,  TREATMENT, EDUCATION, CARE MANAGEMENT AND SELF MANAGEMENT
OF A PATIENT'S HEALTH CARE WHILE SUCH PATIENT IS AT THE ORIGINATING SITE
AND THE HEALTH CARE PROVIDER IS AT A DISTANT SITE.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 30 to read as follows:
  (30) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH
PROVIDES COVERAGE FOR HOSPITAL, MEDICAL  OR  SURGICAL  CARE  SHALL  MAKE
AVAILABLE,  AND  IF  REQUESTED  BY A POLICY HOLDER, PROVIDE COVERAGE FOR
SERVICES WHICH ARE OTHERWISE COVERED UNDER THE POLICY THAT ARE  PROVIDED
VIA  TELEMEDICINE,  AS  DEFINED IN SECTION TWO OF THE PUBLIC HEALTH LAW,
PROVIDED THAT SUCH SERVICES MEET THE REQUIREMENTS OF FEDERAL LAW,  RULES
AND REGULATIONS FOR MEDICARE, AND FOR THOSE TELEHEALTH SERVICES THAT ARE
REQUIRED TO BE PROVIDED PURSUANT TO SUBDIVISION THREE-C OF SECTION THIR-
TY-SIX  HUNDRED  FOURTEEN  OF  THE  PUBLIC  HEALTH  LAW.   SUCH COVERAGE
REQUIRED BY THIS PARAGRAPH MAY BE  SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND
COINSURANCE,  AND OTHER TERMS AND CONDITIONS OF COVERAGE, INCLUDING, BUT
NOT LIMITED TO, UTILIZATION MANAGEMENT AND OTHER MANAGED CARE TOOLS,  AS
ARE  CONSISTENT  WITH  THOSE  ESTABLISHED FOR THE SAME SERVICES WHEN NOT
PROVIDED VIA TELEMEDICINE OR TELEHEALTH.
  S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
  (19) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS STATE WHICH PROVIDES COVERAGE FOR  HOSPITAL,  MEDICAL  OR  SURGICAL
CARE  SHALL  MAKE AVAILABLE, AND IF REQUESTED BY THE GROUP POLICYHOLDER,
PROVIDE COVERAGE FOR SERVICES WHICH  ARE  OTHERWISE  COVERED  UNDER  THE
POLICY  THAT ARE PROVIDED VIA TELEMEDICINE, AS DEFINED IN SECTION TWO OF
THE PUBLIC HEALTH LAW, PROVIDED THAT SUCH SERVICES MEET THE REQUIREMENTS
OF FEDERAL LAW, RULES AND REGULATIONS FOR MEDICARE, AND  FOR  TELEHEALTH
SERVICES  THAT ARE, AT A MINIMUM, THOSE REQUIRED TO BE PROVIDED PURSUANT
TO SUBDIVISION THREE-C OF SECTION THIRTY-SIX  HUNDRED  FOURTEEN  OF  THE
PUBLIC  HEALTH  LAW.    SUCH  COVERAGE REQUIRED BY THIS PARAGRAPH MAY BE
SUBJECT TO ANNUAL DEDUCTIBLES  AND  COINSURANCE,  AND  OTHER  TERMS  AND
CONDITIONS  OF  COVERAGE,  INCLUDING,  BUT  NOT  LIMITED TO, UTILIZATION
MANAGEMENT AND OTHER MANAGED CARE TOOLS, AS ARE  CONSISTENT  WITH  THOSE
ESTABLISHED  FOR THE SAME SERVICES WHEN NOT PROVIDED VIA TELEMEDICINE OR
TELEHEALTH.
  S 4.  Paragraph 2 of subsection (a) of section 3229 of  the  insurance
law,  as  amended by chapter 659 of the laws of 1997, is amended to read
as follows:
  (2) a home care benefit with personal care, nursing  care,  adult  day
health  care  [and],  respite  care  services, TELEMEDICINE SERVICES, AS
DEFINED IN SECTION TWO OF THE PUBLIC  HEALTH  LAW,  PROVIDED  THAT  SUCH
TELEMEDICINE  SERVICES  ARE  PURSUANT TO AN AGREEMENT BETWEEN A PROVIDER
PARTICIPATING IN THE INSURER'S NETWORK AND THE  INSURER,  AND  MEET  THE
REQUIREMENTS  OF  FEDERAL  LAW,  RULES AND REGULATIONS FOR MEDICARE, AND
THOSE TELEHEALTH SERVICES THAT ARE REQUIRED TO BE PROVIDED  PURSUANT  TO
SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THE PUBLIC
HEALTH  LAW,  which shall provide total benefits in an amount determined
by regulations of the superintendent;

S. 4337                             3

  S 5. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (jj) to read as follows:
  (JJ) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
A  HOSPITAL  SERVICE  CORPORATION  OR A HEALTH SERVICE CORPORATION WHICH
PROVIDES COVERAGE FOR HOSPITAL, MEDICAL  OR  SURGICAL  CARE  SHALL  MAKE
AVAILABLE,  IF  REQUESTED  BY  A  CONTRACT  HOLDER, PROVIDE COVERAGE FOR
SERVICES WHICH ARE OTHERWISE COVERED UNDER THE POLICY THAT ARE  PROVIDED
VIA  TELEMEDICINE,  AS  DEFINED IN SECTION TWO OF THE PUBLIC HEALTH LAW,
PROVIDED THAT SUCH SERVICES MEET THE REQUIREMENTS OF FEDERAL LAW,  RULES
AND REGULATIONS FOR MEDICARE, AND FOR THOSE TELEHEALTH SERVICES THAT ARE
REQUIRED TO BE PROVIDED PURSUANT TO SUBDIVISION THREE-C OF SECTION THIR-
TY-SIX  HUNDRED  FOURTEEN  OF  THE  PUBLIC  HEALTH  LAW.   SUCH COVERAGE
REQUIRED BY THIS SUBSECTION MAY BE SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND
COINSURANCE,  AND OTHER TERMS AND CONDITIONS OF COVERAGE, INCLUDING, BUT
NOT LIMITED TO, UTILIZATION MANAGEMENT AND OTHER MANAGED CARE TOOLS,  AS
ARE  CONSISTENT  WITH  THOSE  ESTABLISHED FOR THE SAME SERVICES WHEN NOT
PROVIDED VIA TELEMEDICINE OR TELEHEALTH.
  S 6.  The opening paragraph of section 367-u of  the  social  services
law is designated subdivision 1 and a new subdivision 2 is added to read
as follows:
  2.  SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE COMMIS-
SIONER SHALL NOT EXCLUDE FROM THE PAYMENT OF  MEDICAL  ASSISTANCE  FUNDS
THE  PROVISION OF MEDICAL CARE THROUGH TELEMEDICINE SERVICES, AS DEFINED
IN SECTION TWO OF THE PUBLIC HEALTH LAW,  PROVIDED  THAT  SUCH  SERVICES
MEET  THE  REQUIREMENTS  OF  FEDERAL  LAW, RULES AND REGULATIONS FOR THE
PROVISION OF MEDICAL ASSISTANCE PURSUANT TO THIS TITLE,  AND  FOR  TELE-
HEALTH  SERVICES  THAT  ARE, AT A MINIMUM, THOSE REQUIRED TO BE PROVIDED
PURSUANT TO SUBDIVISION THREE-C OF SECTION THIRTY-SIX  HUNDRED  FOURTEEN
OF THE PUBLIC HEALTH LAW.
  S  7.    This act shall take effect January 1, 2014 and shall apply to
all policies and contracts issued, renewed, modified, altered or amended
on or after such date.

Co-Sponsors

S4337A - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2, Pub Health L; amd §§3216, 3221, 3229 & 4303, Ins L; amd §367-u, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S6969A

S4337A - Bill Texts

view summary

Requires insurers and medical assistance for needy persons to provide coverage for the provision of telehealth services.

view sponsor memo
BILL NUMBER:S4337A

TITLE OF BILL: An act to amend the public health law, the insurance
law and the social services law, in relation to the provision of
telehealth services

PURPOSE:

Requires insurers and medical assistance for needy persons to provide
coverage for the provision of telehealth services.

SUMMARY OF PROVISIONS:

Section one would amend subdivision 1 of section 2 of the public
health law to provide definitions for "distant site," "health care
provider," "originating site," "telehealth" and "telemedicine."

Section two, three, four, and five would amend various provisions of
the insurance law to require individual accident and health insurance,
group or blanket accident and health insurance, and medical expense
indemnity corporations or hospital service corporations that provide
hospital, medical or surgical care to also provide coverage for
telehealth and telemedicine services, provided that the telemedicine
services meet federal Medicare program requirements, and telehealth
services are covered to the same extent as the home telehealth program
provides under paragraph 3-c of subdivision 3614 of the public health
law. Such coverage is subject to contractual limits including annual
deductibles, coinsurance, utilization management, and other managed
care tools on par with the same services when not provided via
telemedicine or telehealth.

Section six would amend the social services law to prohibit the
exclusion of telehealth services from reimbursement under Medicaid
solely because the otherwise covered service was delivered by
telehealth.

Section seven states the enactment date.

JUSTIFICATION:

Telehealth, including telemedicine, can benefit patients, especially
rural patients, hampered by economic or geographic restrictions, in
many ways.

Due to significant quality and fiscal improvements, patients see fewer
hospitalizations and costly visits to emergency rooms; expanded access
to providers; faster, more convenient and timely treatment; better
continuity of care; better coordination of care; reduction of lost
work time and travel costs; and the ability to remain within support
networks and age in place at home.

Persons of all ages who suffer from chronic diseases will have the
opportunity to stay in their homes longer, abnormal events may be
detected before they turn into a hospital visit, vital signs can be
monitored remotely by registered nurses, patients can get help with
medication adherence and be encouraged to take ownership of their own


well-being by better understanding the correlation between their
choices and their health outcomes.

Patients can receive consultations at a provider's office, not just
from that provider, but from doctors, nurse practitioners, physician
assistants, dentists and psychiatrists across the state and world.

However, to ensure that the field of telehealth and telemedicine can
reach its full potential, these services must be reimbursed in the
same manner as those provided face to face. Any individual who would
otherwise be entitled to receive coverage for in-person
encounter-based monitoring or consulting services should be entitled
to receive such services through the use of remote monitoring or
remote consults using real-time audio-visual telecommunications.

Enabling health care professionals to make use of available technology
will empower them to better serve their patients and enhance health
patient outcomes.

Cost-efficient quality healthcare will be preserved by permitting
telemedicine and telehealth services to be subject to the same
limitations as those same services would be when not given via
telemedicine or telehealth.

LEGISLATIVE HISTORY:

2012: S.6969-A PASSED SENATE: A.9833-A Committed to Health Committee

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

Effective January 1, 2014 and shall apply to all policies and
contracts issued, renewed, modified, altered or amended on or after
such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4337--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  O'MARA,  RITCHIE,  ROBACH, VALESKY -- (at
  request of the Legislative Commission  on  Rural  Resources)  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the public health law, the insurance law and the social
  services law, in relation to the provision of telehealth services

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

  Section  1.    Subdivision  1 of section 2 of the public health law is
amended by adding five new paragraphs (o), (p), (q), (r) and (s) to read
as follows:
  (O) DISTANT SITE. THE TERM "DISTANT SITE" MEANS  A  SITE  AT  WHICH  A
HEALTH  CARE PROVIDER IS LOCATED WHILE PROVIDING HEALTH CARE SERVICES BY
MEANS OF A FEDERAL FOOD AND DRUG ADMINISTRATION APPROVED AND INTEROPERA-
BLE TELECOMMUNICATIONS SYSTEM.
  (P) HEALTH CARE PROVIDER. THE TERM  "HEALTH  CARE  PROVIDER"  MEANS  A
PERSON  LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED
THIRTY-ONE-B, ONE HUNDRED THIRTY-THREE,  ONE  HUNDRED  THIRTY-NINE,  ONE
HUNDRED  FORTY,  ONE  HUNDRED  FORTY-ONE,  ONE  HUNDRED FORTY-THREE, ONE
HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED  FIFTY-FOUR  OR
ONE  HUNDRED  FIFTY-NINE  OF  THE  EDUCATION  LAW; A PHYSICIANS PRACTICE
GROUP; A HOSPITAL; A CERTIFIED HOME HEALTH  AGENCY;  A  LONG  TERM  HOME
HEALTH  CARE PROGRAM;  A FEDERALLY QUALIFIED HEALTH CENTER AS DEFINED IN
42 U.S.C. 1395X (AA)(4); AND  A LICENSED HOME CARE SERVICE AGENCY.
  (Q) ORIGINATING SITE. THE TERM "ORIGINATING  SITE"  MEANS  A  SITE  AT
WHICH A PATIENT IS LOCATED AT THE TIME HEALTH CARE SERVICES ARE PROVIDED
TO  HIM  OR  HER  BY  MEANS  OF  A  FEDERAL FOOD AND DRUG ADMINISTRATION
APPROVED AND INTEROPERABLE TELECOMMUNICATIONS SYSTEM.
  (R) TELEHEALTH. THE TERM "TELEHEALTH" MEANS  THE  MODE  OF  DELIVERING
HEALTH CARE SERVICES BY MEANS OF INFORMATION AND COMMUNICATIONS TECHNOL-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02532-02-3

S. 4337--A                          2

OGIES  CONSISTING  OF  TELEPHONES,  REMOTE PATIENT MONITORING DEVICES OR
OTHER ELECTRONIC  MEANS  WHICH  FACILITATE  THE  ASSESSMENT,  DIAGNOSIS,
CONSULTATION,  TREATMENT, EDUCATION, CARE MANAGEMENT AND SELF MANAGEMENT
OF A PATIENT'S HEALTH CARE WHILE SUCH PATIENT IS AT THE ORIGINATING SITE
AND  THE  HEALTH  CARE  PROVIDER  IS  AT A DISTANT SITE. SUCH TERM SHALL
INCLUDE TELEMEDICINE.
  (S) TELEMEDICINE. THE TERM "TELEMEDICINE" MEANS THE DELIVERY OF  CLIN-
ICAL HEALTH CARE SERVICES BY MEANS OF REAL TIME TWO-WAY ELECTRONIC AUDIO
VISUAL   COMMUNICATIONS  WHICH  FACILITATE  THE  ASSESSMENT,  DIAGNOSIS,
CONSULTATION, TREATMENT, EDUCATION, CARE MANAGEMENT AND SELF  MANAGEMENT
OF A PATIENT'S HEALTH CARE WHILE SUCH PATIENT IS AT THE ORIGINATING SITE
AND THE HEALTH CARE PROVIDER IS AT A DISTANT SITE.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 30 to read as follows:
  (30) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH
PROVIDES  COVERAGE  FOR  HOSPITAL,  MEDICAL  OR SURGICAL CARE SHALL MAKE
AVAILABLE, AND IF REQUESTED BY A POLICY  HOLDER,  PROVIDE  COVERAGE  FOR
SERVICES  WHICH ARE OTHERWISE COVERED UNDER THE POLICY THAT ARE PROVIDED
VIA TELEMEDICINE, AS DEFINED IN SECTION TWO OF THE  PUBLIC  HEALTH  LAW,
PROVIDED  THAT SUCH SERVICES MEET THE REQUIREMENTS OF FEDERAL LAW, RULES
AND REGULATIONS FOR MEDICARE, AND FOR THOSE TELEHEALTH SERVICES THAT ARE
REQUIRED TO BE PROVIDED PURSUANT TO SUBDIVISION THREE-C OF SECTION THIR-
TY-SIX HUNDRED FOURTEEN  OF  THE  PUBLIC  HEALTH  LAW.    SUCH  COVERAGE
REQUIRED  BY  THIS  PARAGRAPH  MAY  BE SUBJECT TO ANNUAL DEDUCTIBLES AND
COINSURANCE, AND OTHER TERMS AND CONDITIONS OF COVERAGE, INCLUDING,  BUT
NOT  LIMITED TO, UTILIZATION MANAGEMENT AND OTHER MANAGED CARE TOOLS, AS
ARE CONSISTENT WITH THOSE ESTABLISHED FOR THE  SAME  SERVICES  WHEN  NOT
PROVIDED VIA TELEMEDICINE OR TELEHEALTH.
  S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
  (19) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS  STATE  WHICH  PROVIDES  COVERAGE FOR HOSPITAL, MEDICAL OR SURGICAL
CARE SHALL MAKE AVAILABLE, AND IF REQUESTED BY THE  GROUP  POLICYHOLDER,
PROVIDE  COVERAGE  FOR  SERVICES  WHICH  ARE OTHERWISE COVERED UNDER THE
POLICY THAT ARE PROVIDED VIA TELEMEDICINE, AS DEFINED IN SECTION TWO  OF
THE PUBLIC HEALTH LAW, PROVIDED THAT SUCH SERVICES MEET THE REQUIREMENTS
OF  FEDERAL  LAW, RULES AND REGULATIONS FOR MEDICARE, AND FOR TELEHEALTH
SERVICES THAT ARE, AT A MINIMUM, THOSE REQUIRED TO BE PROVIDED  PURSUANT
TO  SUBDIVISION  THREE-C  OF  SECTION THIRTY-SIX HUNDRED FOURTEEN OF THE
PUBLIC HEALTH LAW.   SUCH COVERAGE REQUIRED BY  THIS  PARAGRAPH  MAY  BE
SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND  COINSURANCE,  AND OTHER TERMS AND
CONDITIONS OF COVERAGE,  INCLUDING,  BUT  NOT  LIMITED  TO,  UTILIZATION
MANAGEMENT  AND  OTHER  MANAGED CARE TOOLS, AS ARE CONSISTENT WITH THOSE
ESTABLISHED FOR THE SAME SERVICES WHEN NOT PROVIDED VIA TELEMEDICINE  OR
TELEHEALTH.
  S  4.   Paragraph 2 of subsection (a) of section 3229 of the insurance
law, as amended by chapter 659 of the laws of 1997, is amended  to  read
as follows:
  (2)  a  home  care benefit with personal care, nursing care, adult day
health care [and], respite  care  services,  TELEMEDICINE  SERVICES,  AS
DEFINED  IN  SECTION  TWO  OF  THE PUBLIC HEALTH LAW, PROVIDED THAT SUCH
TELEMEDICINE SERVICES ARE PURSUANT TO AN AGREEMENT  BETWEEN  A  PROVIDER
PARTICIPATING  IN  THE  INSURER'S  NETWORK AND THE INSURER, AND MEET THE
REQUIREMENTS OF FEDERAL LAW, RULES AND  REGULATIONS  FOR  MEDICARE,  AND
THOSE  TELEHEALTH  SERVICES THAT ARE REQUIRED TO BE PROVIDED PURSUANT TO
SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THE PUBLIC

S. 4337--A                          3

HEALTH LAW, which shall provide total benefits in an  amount  determined
by regulations of the superintendent;
  S  5.  Section  4303  of  the insurance law is amended by adding a new
subsection (oo) to read as follows:
  (OO) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
A HOSPITAL SERVICE CORPORATION OR A  HEALTH  SERVICE  CORPORATION  WHICH
PROVIDES  COVERAGE  FOR  HOSPITAL,  MEDICAL  OR SURGICAL CARE SHALL MAKE
AVAILABLE, IF REQUESTED BY  A  CONTRACT  HOLDER,  PROVIDE  COVERAGE  FOR
SERVICES  WHICH ARE OTHERWISE COVERED UNDER THE POLICY THAT ARE PROVIDED
VIA TELEMEDICINE, AS DEFINED IN SECTION TWO OF THE  PUBLIC  HEALTH  LAW,
PROVIDED  THAT SUCH SERVICES MEET THE REQUIREMENTS OF FEDERAL LAW, RULES
AND REGULATIONS FOR MEDICARE, AND FOR THOSE TELEHEALTH SERVICES THAT ARE
REQUIRED TO BE PROVIDED PURSUANT TO SUBDIVISION THREE-C OF SECTION THIR-
TY-SIX HUNDRED FOURTEEN  OF  THE  PUBLIC  HEALTH  LAW.    SUCH  COVERAGE
REQUIRED  BY  THIS  SUBSECTION  MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND
COINSURANCE, AND OTHER TERMS AND CONDITIONS OF COVERAGE, INCLUDING,  BUT
NOT  LIMITED TO, UTILIZATION MANAGEMENT AND OTHER MANAGED CARE TOOLS, AS
ARE CONSISTENT WITH THOSE ESTABLISHED FOR THE  SAME  SERVICES  WHEN  NOT
PROVIDED VIA TELEMEDICINE OR TELEHEALTH.
  S  6.    The opening paragraph of section 367-u of the social services
law is designated subdivision 1 and a new subdivision 2 is added to read
as follows:
  2. SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE  COMMIS-
SIONER  SHALL  NOT  EXCLUDE FROM THE PAYMENT OF MEDICAL ASSISTANCE FUNDS
THE PROVISION OF MEDICAL CARE THROUGH TELEMEDICINE SERVICES, AS  DEFINED
IN  SECTION  TWO  OF  THE PUBLIC HEALTH LAW, PROVIDED THAT SUCH SERVICES
MEET THE REQUIREMENTS OF FEDERAL LAW,  RULES  AND  REGULATIONS  FOR  THE
PROVISION  OF  MEDICAL  ASSISTANCE PURSUANT TO THIS TITLE, AND FOR TELE-
HEALTH SERVICES THAT ARE, AT A MINIMUM, THOSE REQUIRED  TO  BE  PROVIDED
PURSUANT  TO  SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN
OF THE PUBLIC HEALTH LAW.
  S 7.  This act shall take effect January 1, 2014 and  shall  apply  to
all policies and contracts issued, renewed, modified, altered or amended
on or after such date.

Co-Sponsors

S4337B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2, Pub Health L; amd §§3216, 3221, 3229 & 4303, Ins L; amd §367-u, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S6969A

S4337B (ACTIVE) - Bill Texts

view summary

Requires insurers and medical assistance for needy persons to provide coverage for the provision of telehealth services.

view sponsor memo
BILL NUMBER:S4337B

TITLE OF BILL: An act to amend the public health law, the insurance
law and the social services law, in relation to the provision of
telehealth services

PURPOSE:

Requires insurers and medical assistance for needy persons to provide
coverage for the provision of telehealth services.

SUMMARY OF PROVISIONS:

Section one would amend subdivision 1 of section 2 of the public
health law to provide definitions for "distant site," "health care
provider," "originating site," "telehealth" and "telemedicine."

Section two, three, four, and five would amend various provisions of
the insurance law to require individual accident and health insurance,
group or blanket accident and health insurance, and medical expense
indemnity corporations or hospital service corporations that provide
hospital, medical or surgical care to also provide coverage for
telehealth and telemedicine services, provided that the telemedicine
services meet federal Medicare program requirements, and telehealth
services are covered to the same extent as the home telehealth program
provides under paragraph 3-c of subdivision 3614 of the public health
law. Such coverage is subject to contractual limits including annual
deductibles, coinsurance, utilization management, and other managed
care tools on par with the same services when not provided via
telemedicine or telehealth.

Section six would amend the social services law to prohibit the
exclusion of telehealth services from reimbursement under Medicaid
solely because the otherwise covered service was delivered by
telehealth.

Section seven states the enactment date.

JUSTIFICATION:

Telehealth, including telemedicine, can benefit patients, especially
rural patients, hampered by economic or geographic restrictions, in
many ways.

Due to significant quality and fiscal improvements, patients see fewer
hospitalizations and costly visits to emergency rooms; expanded access
to providers; faster, more convenient and timely treatment; better
continuity of care; better coordination of care; reduction of lost
work time and travel costs; and the ability to remain within support
networks and age in place at home.

Persons of all ages who suffer from chronic diseases will have the
opportunity to stay in their homes longer, abnormal events may be
detected before they turn into a hospital visit, vital signs can be
monitored remotely by registered nurses, patients can get help with
medication adherence and be encouraged to take ownership of their own


well-being by better understanding the correlation between their
choices and their health outcomes.

Patients can receive consultations at a provider's office, not just
from that provider, but from doctors, nurse practitioners, physician
assistants, dentists and psychiatrists across the state and world.

However, to ensure that the field of telehealth and telemedicine can
reach its full Potential, these services must be reimbursed in the
same manner as those provided face to face. Any individual who would
otherwise be entitled to receive coverage for in-person
encounter-based monitoring or consulting services should be entitled
to receive such services through the use of remote monitoring or
remote consults using real-time audio-visual telecommunications.

Enabling health care professionals to make use of available technology
will empower them to better serve their patients and enhance health
patient outcomes.

Cost-efficient quality healthcare will be preserved by permitting
telemedicine and telehealth services to be subject to the same
limitations as those same services would be when not given via
telemedicine or telehealth.

LEGISLATIVE HISTORY:

2013: S.4337-A PASSED SENATE
2012: S.6969-A PASSED SENATE: A.9833-A Committed to Health Committee

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

Effective January 1, 2015 and shall apply to all policies and
contracts issued, renewed, modified, altered or amended on or after
such date.

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

                                 4337--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sens.  YOUNG,  O'MARA,  RITCHIE,  ROBACH, VALESKY -- (at
  request of the Legislative Commission  on  Rural  Resources)  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- 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, the insurance law and the social
  services law, in relation to the provision of telehealth services

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

  Section  1.    Subdivision  1 of section 2 of the public health law is
amended by adding five new paragraphs (o), (p), (q), (r) and (s) to read
as follows:
  (O) DISTANT SITE. THE TERM "DISTANT SITE" MEANS  A  SITE  AT  WHICH  A
HEALTH  CARE PROVIDER IS LOCATED WHILE PROVIDING HEALTH CARE SERVICES BY
MEANS OF A FEDERAL FOOD AND DRUG ADMINISTRATION APPROVED AND INTEROPERA-
BLE TELECOMMUNICATIONS SYSTEM.
  (P) HEALTH CARE PROVIDER. THE TERM  "HEALTH  CARE  PROVIDER"  MEANS  A
PERSON  LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED
THIRTY-ONE-B, ONE HUNDRED THIRTY-THREE,  ONE  HUNDRED  THIRTY-NINE,  ONE
HUNDRED  FORTY,  ONE  HUNDRED  FORTY-ONE,  ONE  HUNDRED FORTY-THREE, ONE
HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED  FIFTY-FOUR  OR
ONE  HUNDRED  FIFTY-NINE  OF  THE  EDUCATION  LAW; A PHYSICIANS PRACTICE
GROUP; A HOSPITAL; A CERTIFIED HOME HEALTH  AGENCY;  A  LONG  TERM  HOME
HEALTH  CARE PROGRAM;  A FEDERALLY QUALIFIED HEALTH CENTER AS DEFINED IN
42 U.S.C. 1395X (AA)(4); AND  A LICENSED HOME CARE SERVICE AGENCY.
  (Q) ORIGINATING SITE. THE TERM "ORIGINATING  SITE"  MEANS  A  SITE  AT
WHICH A PATIENT IS LOCATED AT THE TIME HEALTH CARE SERVICES ARE PROVIDED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02532-04-4

S. 4337--B                          2

TO  HIM  OR  HER  BY  MEANS  OF  A  FEDERAL FOOD AND DRUG ADMINISTRATION
APPROVED AND INTEROPERABLE TELECOMMUNICATIONS SYSTEM.
  (R)  TELEHEALTH.  THE  TERM  "TELEHEALTH" MEANS THE MODE OF DELIVERING
HEALTH CARE SERVICES BY MEANS OF INFORMATION AND COMMUNICATIONS TECHNOL-
OGIES CONSISTING OF TELEPHONES, REMOTE  PATIENT  MONITORING  DEVICES  OR
OTHER  ELECTRONIC  MEANS  WHICH  FACILITATE  THE  ASSESSMENT, DIAGNOSIS,
CONSULTATION, TREATMENT, EDUCATION, CARE MANAGEMENT AND SELF  MANAGEMENT
OF A PATIENT'S HEALTH CARE WHILE SUCH PATIENT IS AT THE ORIGINATING SITE
AND  THE  HEALTH  CARE  PROVIDER  IS  AT A DISTANT SITE. SUCH TERM SHALL
INCLUDE TELEMEDICINE.
  (S) TELEMEDICINE. THE TERM "TELEMEDICINE" MEANS THE DELIVERY OF  CLIN-
ICAL HEALTH CARE SERVICES BY MEANS OF REAL TIME TWO-WAY ELECTRONIC AUDIO
VISUAL   COMMUNICATIONS  WHICH  FACILITATE  THE  ASSESSMENT,  DIAGNOSIS,
CONSULTATION, TREATMENT, EDUCATION, CARE MANAGEMENT AND SELF  MANAGEMENT
OF A PATIENT'S HEALTH CARE WHILE SUCH PATIENT IS AT THE ORIGINATING SITE
AND THE HEALTH CARE PROVIDER IS AT A DISTANT SITE.
  S 2. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 30 to read as follows:
  (30) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH
PROVIDES  COVERAGE  FOR  HOSPITAL,  MEDICAL  OR SURGICAL CARE SHALL MAKE
AVAILABLE, AND IF REQUESTED BY A POLICY  HOLDER,  PROVIDE  COVERAGE  FOR
SERVICES  WHICH ARE OTHERWISE COVERED UNDER THE POLICY THAT ARE PROVIDED
VIA TELEMEDICINE, AS DEFINED IN SECTION TWO OF THE  PUBLIC  HEALTH  LAW,
PROVIDED  THAT SUCH SERVICES MEET THE REQUIREMENTS OF FEDERAL LAW, RULES
AND REGULATIONS FOR MEDICARE, AND FOR THOSE TELEHEALTH SERVICES THAT ARE
REQUIRED TO BE PROVIDED PURSUANT TO SUBDIVISION THREE-C OF SECTION THIR-
TY-SIX HUNDRED FOURTEEN  OF  THE  PUBLIC  HEALTH  LAW.    SUCH  COVERAGE
REQUIRED  BY  THIS  PARAGRAPH  MAY  BE SUBJECT TO ANNUAL DEDUCTIBLES AND
COINSURANCE, AND OTHER TERMS AND CONDITIONS OF COVERAGE, INCLUDING,  BUT
NOT  LIMITED TO, UTILIZATION MANAGEMENT AND OTHER MANAGED CARE TOOLS, AS
ARE CONSISTENT WITH THOSE ESTABLISHED FOR THE  SAME  SERVICES  WHEN  NOT
PROVIDED VIA TELEMEDICINE OR TELEHEALTH.
  S 3. Subsection (k) of section 3221 of the insurance law is amended by
adding a new paragraph 19 to read as follows:
  (19) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
THIS  STATE  WHICH  PROVIDES  COVERAGE FOR HOSPITAL, MEDICAL OR SURGICAL
CARE SHALL MAKE AVAILABLE, AND IF REQUESTED BY THE  GROUP  POLICYHOLDER,
PROVIDE  COVERAGE  FOR  SERVICES  WHICH  ARE OTHERWISE COVERED UNDER THE
POLICY THAT ARE PROVIDED VIA TELEMEDICINE, AS DEFINED IN SECTION TWO  OF
THE PUBLIC HEALTH LAW, PROVIDED THAT SUCH SERVICES MEET THE REQUIREMENTS
OF  FEDERAL  LAW, RULES AND REGULATIONS FOR MEDICARE, AND FOR TELEHEALTH
SERVICES THAT ARE, AT A MINIMUM, THOSE REQUIRED TO BE PROVIDED  PURSUANT
TO  SUBDIVISION  THREE-C  OF  SECTION THIRTY-SIX HUNDRED FOURTEEN OF THE
PUBLIC HEALTH LAW.   SUCH COVERAGE REQUIRED BY  THIS  PARAGRAPH  MAY  BE
SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND  COINSURANCE,  AND OTHER TERMS AND
CONDITIONS OF COVERAGE,  INCLUDING,  BUT  NOT  LIMITED  TO,  UTILIZATION
MANAGEMENT  AND  OTHER  MANAGED CARE TOOLS, AS ARE CONSISTENT WITH THOSE
ESTABLISHED FOR THE SAME SERVICES WHEN NOT PROVIDED VIA TELEMEDICINE  OR
TELEHEALTH.
  S  4.   Paragraph 2 of subsection (a) of section 3229 of the insurance
law, as amended by chapter 659 of the laws of 1997, is amended  to  read
as follows:
  (2)  a  home  care benefit with personal care, nursing care, adult day
health care [and], respite  care  services,  TELEMEDICINE  SERVICES,  AS
DEFINED  IN  SECTION  TWO  OF  THE PUBLIC HEALTH LAW, PROVIDED THAT SUCH
TELEMEDICINE SERVICES ARE PURSUANT TO AN AGREEMENT  BETWEEN  A  PROVIDER

S. 4337--B                          3

PARTICIPATING  IN  THE  INSURER'S  NETWORK AND THE INSURER, AND MEET THE
REQUIREMENTS OF FEDERAL LAW, RULES AND  REGULATIONS  FOR  MEDICARE,  AND
THOSE  TELEHEALTH  SERVICES THAT ARE REQUIRED TO BE PROVIDED PURSUANT TO
SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THE PUBLIC
HEALTH  LAW,  which shall provide total benefits in an amount determined
by regulations of the superintendent;
  S 5. Section 4303 of the insurance law is  amended  by  adding  a  new
subsection (oo) to read as follows:
  (OO) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
A  HOSPITAL  SERVICE  CORPORATION  OR A HEALTH SERVICE CORPORATION WHICH
PROVIDES COVERAGE FOR HOSPITAL, MEDICAL  OR  SURGICAL  CARE  SHALL  MAKE
AVAILABLE,  IF  REQUESTED  BY  A  CONTRACT  HOLDER, PROVIDE COVERAGE FOR
SERVICES WHICH ARE OTHERWISE COVERED UNDER THE POLICY THAT ARE  PROVIDED
VIA  TELEMEDICINE,  AS  DEFINED IN SECTION TWO OF THE PUBLIC HEALTH LAW,
PROVIDED THAT SUCH SERVICES MEET THE REQUIREMENTS OF FEDERAL LAW,  RULES
AND REGULATIONS FOR MEDICARE, AND FOR THOSE TELEHEALTH SERVICES THAT ARE
REQUIRED TO BE PROVIDED PURSUANT TO SUBDIVISION THREE-C OF SECTION THIR-
TY-SIX  HUNDRED  FOURTEEN  OF  THE  PUBLIC  HEALTH  LAW.   SUCH COVERAGE
REQUIRED BY THIS SUBSECTION MAY BE SUBJECT  TO  ANNUAL  DEDUCTIBLES  AND
COINSURANCE,  AND OTHER TERMS AND CONDITIONS OF COVERAGE, INCLUDING, BUT
NOT LIMITED TO, UTILIZATION MANAGEMENT AND OTHER MANAGED CARE TOOLS,  AS
ARE  CONSISTENT  WITH  THOSE  ESTABLISHED FOR THE SAME SERVICES WHEN NOT
PROVIDED VIA TELEMEDICINE OR TELEHEALTH.
  S 6.  The opening paragraph of section 367-u of  the  social  services
law is designated subdivision 1 and a new subdivision 2 is added to read
as follows:
  2.  SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE COMMIS-
SIONER SHALL NOT EXCLUDE FROM THE PAYMENT OF  MEDICAL  ASSISTANCE  FUNDS
THE  PROVISION OF MEDICAL CARE THROUGH TELEMEDICINE SERVICES, AS DEFINED
IN SECTION TWO OF THE PUBLIC HEALTH LAW,  PROVIDED  THAT  SUCH  SERVICES
MEET  THE  REQUIREMENTS  OF  FEDERAL  LAW, RULES AND REGULATIONS FOR THE
PROVISION OF MEDICAL ASSISTANCE PURSUANT TO THIS TITLE,  AND  FOR  TELE-
HEALTH  SERVICES  THAT  ARE, AT A MINIMUM, THOSE REQUIRED TO BE PROVIDED
PURSUANT TO SUBDIVISION THREE-C OF SECTION THIRTY-SIX  HUNDRED  FOURTEEN
OF THE PUBLIC HEALTH LAW.
  S  7.    This act shall take effect January 1, 2015 and shall apply to
all policies and contracts issued, renewed, modified, altered or amended
on or after such date.

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