Senate Bill S4959

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

                                  4959

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 24, 2015
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the insurance law, in relation
  to telehealth and telemedicine services

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

  Section 1. Paragraphs (r) and (s) of subdivision 1 of section 2 of the
public  health  law,  as  added  by  chapter 550 of the laws of 2014, is
amended to read as follows:
  (r) Telehealth. The term "telehealth"  means  delivering  health  care
services   by  means  of  information  and  communications  technologies
consisting of telephones, remote patient  monitoring  devices  or  other
electronic  means  which facilitate the assessment, diagnosis, consulta-
tion, treatment, education, care  management,  INCLUDING  MENTAL  HEALTH
CARE  AT OUTPATIENT CLINICS OR OASAS OUTPATIENT CLINICS and self manage-
ment of a patient's health care [while such patient is at the  originat-
ing  site and the health care provider is at a distant site]; consistent
with applicable federal law and regulations; unless the term  is  other-
wise defined by law with respect to the provision in which it is used.
  (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, including the application of secure video confer-
encing or store and forward technology to provide or support  healthcare
delivery,  which  facilitate  the  assessment,  diagnosis, consultation,
treatment, education, care management, INCLUDING MENTAL HEALTH  CARE  AT
OUTPATIENT  CLINICS OR OASAS OUTPATIENT CLINICS 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]; consistent with applica-
ble federal law and regulations; unless the term is otherwise defined by
law with respect to the provision in which it is used.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08668-01-5

              

S. 4959                             2

  S 2. Paragraph 30 of subsection (i) of section 3216 of  the  insurance
law,  as added by chapter 550 of the laws of 2014, is amended to read as
follows:
  (30) Every policy delivered or issued for delivery in this state which
provides  comprehensive  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 (A) 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 [(other than any  origi-
nating  site  restriction requirements)]; or (B) telehealth services, as
defined in section two of the public  health  law,  provided  that  such
services  are  consistent with subdivision three-c of section thirty-six
hundred fourteen of the public health law. The provider of such services
shall meet the terms and conditions (to the extent not inconsistent with
this paragraph) of his or her contract with the insurer.  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.  Paragraph 19 of subsection (k) of section 3221 of the insurance
law, as added by chapter 550 of the laws of 2014, is amended to read  as
follows:
  (19) Every group or blanket policy delivered or issued for delivery in
this  state  which provides comprehensive 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 (A) 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
[(other  than  any  originating  site restriction requirements)]; or (B)
telehealth services, as defined in section two of the public health law,
provided that such services are consistent with subdivision  three-c  of
section  thirty-six  hundred  fourteen  of  the  public  health law. The
provider of such services shall meet the terms and  conditions  (to  the
extent not inconsistent with this paragraph) of his or her contract with
the  insurer. 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. Subsection (oo) of section 4303 of the insurance law, as added by
chapter 550 of the laws of 2014, is amended 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 comprehensive coverage for hospital, medical or  surgical  care
shall  make  available  and,  if requested by a contract holder, provide
coverage for services which are otherwise covered under the policy  that
are  provided  (1)  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 [(other than any origi-
nating site restriction requirements)]; or (2) telehealth  services,  as
defined  in  section  two  of  the public health law, provided that such
services are consistent with subdivision three-c of  section  thirty-six
hundred fourteen of the public health law. The provider of such services

S. 4959                             3

shall meet the terms and conditions (to the extent not inconsistent with
this  subsection) of his or her contract with the insurer. 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 5. Paragraph (d) of subdivision 1 of section 2805-u  of  the  public
health  law,  as added by chapter 390 of the laws of 2012, is amended to
read as follows:
  (d) "Telemedicine" means the delivery of clinical health care services
by means of real time  two-way  electronic  audio-visual  communications
which  facilitate  the  assessment,  diagnosis, consultation, treatment,
education, care management, INCLUDING MENTAL HEALTH CARE  AT  OUTPATIENT
CLINICS  OR  OASAS OUTPATIENT CLINICS 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  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law.