S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1410
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. JENNE -- 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; and to amend the state finance law, in  relation  to  estab-
   lishing  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.  Section 206 of the public health law is amended by adding
 a new subdivision 31 to read as follows:
   31. THE COMMISSIONER SHALL ESTABLISH AND HELP TO PROMOTE  THE  MAINTE-
 NANCE OF A STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK TO SERVE THE ENTIRE
 STATE,  INCLUDING  UNDERSERVED RURAL, URBAN AND SUBURBAN AREAS. IN ADDI-
 TION, IN ACCORDANCE WITH SUBDIVISION EIGHTEEN-A  OF  THIS  SECTION,  THE
 COMMISSIONER  SHALL  HELP  TO PROMOTE THE INCREASED UTILIZATION, STORAGE
 AND RETRIEVAL OF ELECTRONIC RECORDS,  INCLUDING  TELEHEALTH/TELEMEDICINE
 RECORDS,  IMAGES,  INFORMATION  AND  DATA,  TO  HELP PROMOTE THE GENERAL
 PUBLIC HEALTH, IMPROVE INDIVIDUAL HEALTH CARE OUTCOMES AND PROVIDE FOR A
 COST EFFECTIVE HEALTH CARE DELIVERY SYSTEM.
   § 2.  Section 220 of the public health law, as amended by section 7 of
 part N of chapter 56 of the laws of 2012, is amended to read as follows:
   § 220. Public health  and  health  planning  council;  appointment  of
 members.  There  shall  continue to be in the department a public health
 and health planning council to consist of the commissioner and  fourteen
 members  to  be appointed by the governor with the advice and consent of
 the senate; provided that effective December first,  two  thousand  ten,
 the  membership  of  the  council  shall consist of the commissioner and
 twenty-four members to be appointed by the governor with the advice  and
 consent  of the senate. Membership on the council shall be reflective of
 the diversity of the state's population including, but not  limited  to,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02537-02-7

 A. 1410                             2
 
 the  various  geographic  areas  and population densities throughout the
 state. The members shall include representatives of  the  public  health
 system,  health  care  providers  that  comprise the state's health care
 delivery system, individuals with expertise in the clinical and adminis-
 trative  aspects of health care delivery, ESTABLISHING AND MAINTAINING A
 STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK AND THE  UTILIZATION,  STORAGE
 AND  RETRIEVAL  OF  ELECTRONIC  MEDICAL RECORDS, issues affecting health
 care consumers, health planning, health care  financing  and  reimburse-
 ment,  health care regulation and compliance, and public health practice
 and at least two members shall also be members of the behavioral  health
 services  advisory  council;  at  least  four members shall be represen-
 tatives of general hospitals or nursing homes; and at least  one  member
 shall  be  a  representative of each of the following groups:  home care
 agencies, diagnostic and treatment centers, health  care  payors,  labor
 organizations  for health care employees, and health care consumer advo-
 cacy organizations.
   § 3.  The public health law is amended by adding  three  new  sections
 2999-ee, 2999-ff and 2999-gg to read as follows:
   §   2999-EE.   COORDINATION   OF   DEPARTMENT   RESPONSIBILITIES   FOR
 TELEHEALTH/TELEMEDICINE; BIENNIAL PLAN. 1. THE COMMISSIONER SHALL  COOR-
 DINATE   AND   FOCUS  THE  DEPARTMENT'S  DEVELOPMENTAL,  ADMINISTRATIVE,
 RESEARCH AND EVALUATION RESPONSIBILITIES FOR THE PROVISION  AND  MAINTE-
 NANCE  OF  A STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK AND SUCH SERVICES
 AS PROVIDED PURSUANT TO THIS ARTICLE AND  SECTION  TWENTY-EIGHT  HUNDRED
 FIVE-U OF THIS CHAPTER.
   2. THE COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
 FIED IN SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-FF OF
 THIS  ARTICLE, HEALTH CARE FACILITIES, AND THOSE ON-SITE AND ORIGINATING
 SITE HEALTH CARE FACILITIES AND THOSE WHICH USE REMOTE PATIENT  MONITOR-
 ING,  ON  OR  BEFORE  JANUARY FIRST, TWO THOUSAND NINETEEN AND EVERY TWO
 YEARS THEREAFTER, SHALL PREPARE AND SUBMIT A BIENNIAL  PLAN  TO  SUPPORT
 THE  PROVISION  AND  MAINTENANCE  OF A STATEWIDE TELEHEALTH/TELEMEDICINE
 NETWORK AND SUCH SERVICES PROVIDED PURSUANT  TO  THIS  ARTICLE,  SECTION
 TWENTY-EIGHT  HUNDRED  FIVE-U,  SUBDIVISION  TWO OF SECTION TWENTY-EIGHT
 HUNDRED TWENTY-FIVE, SUBDIVISION THREE-C OF SECTION  THIRTY-SIX  HUNDRED
 FOURTEEN  OF  THIS  CHAPTER,  AS  WELL  AS OTHER TELEHEALTH/TELEMEDICINE
 SERVICES FOR WHICH THE DEPARTMENT HAS DEVELOPMENTAL  AND  ADMINISTRATIVE
 RESPONSIBILITY. THE BIENNIAL PLAN SHALL INCLUDE:
   (A)  ANY  NECESSARY RECOMMENDATIONS FOR LEGISLATIVE, ADMINISTRATIVE OR
 BUDGETARY  SUPPORT  FOR  THE  OPTIMUM  USE  OF   TELEHEALTH/TELEMEDICINE
 SERVICES AND THE STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK;
   (B)  THE  IDENTIFICATION OF BARRIERS TO THE PROVISION OF AND ACCESS TO
 TELEHEALTH/TELEMEDICINE, INCLUDING EDUCATION AND TRAINING  FOR  EXISTING
 TELEHEALTH/TELEMEDICINE  PROVIDERS AND POTENTIAL FUTURE PROVIDERS PURSU-
 ANT TO THIS ARTICLE AND SECTION  TWENTY-EIGHT  HUNDRED  FIVE-U  OF  THIS
 CHAPTER  AND CONSUMERS, INTEGRATED DEVELOPMENT OF SUCH NETWORK, INCREAS-
 ING ACCESS TO BROADBAND SERVICES, REDUCING  GAPS  IN  SUCH  NETWORK  AND
 BROADBAND SERVICES ON A STATEWIDE AND REGIONAL BASIS ESPECIALLY IN RURAL
 AND  OTHER  UNDERSERVED  AREAS,  ELECTRONIC  RECORDS INTERFACE AND OTHER
 BARRIERS, AND THE METHODS BY WHICH THE DEPARTMENT WILL AID IN ADDRESSING
 SUCH BARRIERS; 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, AND FOSTER THE
 DISSEMINATION OF SUCH ABSTRACT TO HEALTH  CARE  PROVIDERS,  HEALTH  CARE
 FACILITIES AND THE GENERAL PUBLIC.

 A. 1410                             3
 
   3.  THE  COMMISSIONER SHALL PROVIDE COPIES OF THE BIENNIAL PLAN TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
 ASSEMBLY, THE CHAIRS OF THE SENATE AND ASSEMBLY HEALTH  COMMITTEES,  THE
 HEALTHCARE  ASSOCIATION  OF  NEW  YORK STATE, THE MEDICAL SOCIETY OF NEW
 YORK STATE AND THE HOME HEALTHCARE ASSOCIATION OF NEW YORK STATE.
   4. (A) THE COMMISSIONER, IN CONSULTATION WITH  ELIGIBLE  PROVIDERS  AS
 SPECIFIED IN SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-
 FF  OF THIS ARTICLE, HEALTH CARE FACILITIES, THOSE ON-SITE AND ORIGINAT-
 ING SITE HEALTH CARE FACILITIES AND THOSE WHICH USE REMOTE PATIENT MONI-
 TORING SHALL IDENTIFY STANDARDS  DETERMINED  TO  BE  NECESSARY  FOR  THE
 PROMOTION AND MAINTENANCE OF A STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK
 AND  SUCH  SERVICES UNDER THIS ARTICLE. SUCH STANDARDS, INCLUDING STAND-
 ARDS FOR THE PROTECTION OF PATIENT INFORMATION, MAY BE IDENTIFIED FROM:
   (I) THE AMERICAN TELEMEDICINE ASSOCIATION, THE FEDERAL FOOD  AND  DRUG
 ADMINISTRATION  AND/OR  SUCH OTHER GENERALLY RECOGNIZED STANDARD-SETTING
 ORGANIZATIONS AS THE COMMISSIONER MAY DETERMINE;
   (II) TITLE EIGHT OF THE  EDUCATION  LAW  AND  REGULATIONS  PROMULGATED
 PURSUANT  THERETO,  THIS  CHAPTER  AND  REGULATIONS PROMULGATED PURSUANT
 THERETO AND, AS APPLICABLE, SUCH 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.
   (B) THE COMMISSIONER MAY INCORPORATE, WITHIN HIS OR HER BIENNIAL  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.
   § 2999-FF. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS FOR UNDERSERVED
 AREAS AND POPULATIONS. 1. SUBJECT TO THE AVAILABILITY  OF  FUNDING  FROM
 THE  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE  DEVELOPMENT AND RESEARCH
 GRANT FUND, ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Z OF  THE  STATE
 FINANCE LAW, FUNDS MADE AVAILABLE IN THE GENERAL FUND OR ANY OTHER FUNDS
 MADE AVAILABLE THEREFOR, THE DEPARTMENT SHALL PROVIDE GRANTS TO ELIGIBLE
 PROVIDERS FOR:
   (A)   THE   DEVELOPMENT   AND   PROPER   MAINTENANCE  OF  A  STATEWIDE
 TELEHEALTH/TELEMEDICINE NETWORK THAT APPROPRIATELY INTEGRATES  WITH  THE
 CURRENT HEALTH CARE DELIVERY SYSTEM AND THAT PROMOTES THE HIGHEST STAND-
 ARDS  FOR  THE  PROVISION  OF  QUALITY  AND  COST  EFFECTIVE HEALTH CARE
 THROUGHOUT THE STATE;
   (B) 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;
   (C) 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;
   (D) 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,  COST-EFFEC-
 TIVENESS  OF  CARE  AND/OR  TO  HELP IMPLEMENT THE PROVISIONS OF SECTION
 TWENTY-ONE HUNDRED ELEVEN AND SUBDIVISION TWO  OF  SECTION  TWENTY-EIGHT
 HUNDRED TWENTY-FIVE OF THIS CHAPTER AS RELATED TO SUCH SERVICES;
   (E) 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,  COST-EF-
 FECTIVENESS  OF  CARE  AND/OR  HELP IMPLEMENT SECTION TWENTY-ONE HUNDRED

 A. 1410                             4
 
 ELEVEN AND SUBDIVISION TWO OF SECTION TWENTY-EIGHT  HUNDRED  TWENTY-FIVE
 OF THIS CHAPTER AS RELATED TO SUCH SERVICES;
   (F)  THE  DEVELOPMENT  OF TELEHEALTH/TELEMEDICINE SERVICES TO EVALUATE
 THE POTENTIAL BENEFITS OF NEW  TELEHEALTH/TELEMEDICINE  TECHNOLOGY,  FOR
 PATIENT  CARE,  ACCESS  TO  CARE, COST-EFFECTIVENESS OF CARE AND/OR HELP
 IMPLEMENT SECTION TWENTY-ONE  HUNDRED  ELEVEN  AND  SUBDIVISION  TWO  OF
 SECTION  TWENTY-EIGHT  HUNDRED TWENTY-FIVE OF THIS CHAPTER AS RELATED TO
 SUCH SERVICES; OR
   (G) SUCH OTHER PURPOSES AS THE DEPARTMENT MAY IDENTIFY.
   2. ELIGIBLE PROVIDERS, FOR THE PURPOSES OF THIS  ARTICLE  AND  SECTION
 TWENTY-EIGHT   HUNDRED  FIVE-U  OF  THIS  CHAPTER  SHALL  INCLUDE  THOSE
 LICENSED, CERTIFIED OR  AUTHORIZED  PURSUANT  TO  ARTICLE  TWENTY-EIGHT,
 THIRTY-SIX OR FORTY, OR SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAP-
 TER,  OR  PHYSICIANS LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE
 OF THE EDUCATION LAW; PROVIDED HOWEVER THAT ELIGIBILITY PURSUANT TO 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, OR 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.
   § 2999-GG. 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, AND TO ESTABLISH AND MAIN-
 TAIN A STATEWIDE TELEHEALTH/TELEMEDICINE NETWORK. THE COMMISSIONER SHALL
 MAKE AVAILABLE DATA AND TECHNICAL ASSISTANCE FOR SUCH RESEARCH, PROVIDED
 THAT ANY DATA MADE AVAILABLE SHALL 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-Z OF THE STATE FINANCE LAW.
   3.  THE DEPARTMENT SHALL CONSULT WITH ELIGIBLE PROVIDERS, AS SPECIFIED
 IN SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-FF OF THIS
 ARTICLE AND SECTION TWENTY-EIGHT HUNDRED FIVE-U OF THIS CHAPTER  IN  THE
 IMPLEMENTATION OF THIS SECTION.
   §  4. 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-NINE HUNDRED NINETY-
 NINE-EE OF THIS CHAPTER.
   § 5. The state finance law is amended by adding a new section 99-z  to
 read as follows:
   §   99-Z.  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE  DEVELOPMENT  AND
 RESEARCH GRANT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY

 A. 1410                             5
 
 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-NINE HUNDRED NINETY-NINE-FF 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-NINE HUNDRED NINETY-
 NINE-FF 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.
   § 6. This act shall take effect immediately, except that section  four
 of  this act shall take effect on the first of April next succeeding the
 date on which this act shall have become a law; and  provided,  further,
 that effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized and directed to be made and  completed  on
 or before such effective date.