S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1419
 
                        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 Insurance
 
 AN ACT to amend the insurance law and the workers' compensation law,  in
   relation to coverage of health care services by means of telehealth
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subsection (a) of section 5102 of the insur-
 ance law, as amended by chapter 298 of the laws of 2006, is  amended  to
 read as follows:
   (1)  All  necessary  expenses  incurred  for:  (i)  medical,  hospital
 (including services rendered in compliance with article forty-one of the
 public health law, whether or not such services are rendered directly by
 a hospital), surgical, nursing, dental, ambulance,  x-ray,  prescription
 drug   and  prosthetic  services;  (ii)  psychiatric,  physical  therapy
 (provided that treatment is rendered pursuant to a referral) and occupa-
 tional therapy and rehabilitation; (iii) ANY HEALTH CARE SERVICES DELIV-
 ERED BY MEANS OF TELEHEALTH, AS DEFINED IN  SUBSECTION  (B)  OF  SECTION
 THREE  THOUSAND  TWO  HUNDRED SEVENTEEN-H OF THIS CHAPTER; (IV) any non-
 medical remedial care and treatment rendered in accordance with a  reli-
 gious method of healing recognized by the laws of this state; and [(iv)]
 (V) any other professional health services; all without limitation as to
 time, provided that within one year after the date of the accident caus-
 ing the injury it is ascertainable that further expenses may be incurred
 as a result of the injury. For the purpose of determining basic economic
 loss,  the expenses incurred under this paragraph shall be in accordance
 with the limitations of section five thousand one hundred eight of  this
 article.
   §  2.  The  opening  paragraph of subdivision (a) of section 13 of the
 workers' compensation law, as amended by chapter 23 of the laws of 2016,
 is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06613-01-7
              

 A. 1419                             2
 
   The employer shall promptly  provide  for  an  injured  employee  such
 medical,  dental, surgical, optometric or other attendance or treatment,
 nurse and hospital service,  medicine,  optometric  services,  crutches,
 eye-glasses,   false   teeth,  artificial  eyes,  orthotics,  prosthetic
 devices,  functional  assistive  and  adaptive devices and apparatus for
 such period as the nature of the injury or the process of  recovery  may
 require. The employer shall be liable for the payment of the expenses of
 medical,  dental, surgical, optometric or other attendance or treatment,
 nurse and hospital service, ANY HEALTH CARE SERVICES DELIVERED BY  MEANS
 OF  TELEHEALTH,  AS  DEFINED IN SUBSECTION (B) OF SECTION THREE THOUSAND
 TWO HUNDRED SEVENTEEN-H  OF  THE  INSURANCE  LAW,  medicine,  optometric
 services,  crutches,  eye-glasses, false teeth, artificial eyes, orthot-
 ics, prosthetic devices, functional assistive and adaptive  devices  and
 apparatus, as well as artificial members of the body or other devices or
 appliances  necessary  in  the  first  instance  to  replace, support or
 relieve a portion or part of the body resulting from and necessitated by
 the injury of an employee, for such period as the nature of  the  injury
 or  the  process of recovery may require, and the employer shall also be
 liable for replacements or repairs of such  artificial  members  of  the
 body  or  such other devices, eye-glasses, false teeth, artificial eyes,
 orthotics, prosthetic devices, functional assistive and adaptive devices
 or appliances necessitated by ordinary wear  or  loss  or  damage  to  a
 prosthesis,  with or without bodily injury to the employee. Damage to or
 loss of a prosthetic device shall be deemed an  injury  except  that  no
 disability  benefits  shall be payable with respect to such injury under
 section fifteen of this article. Such a replacement or repair of artifi-
 cial members of the body  or  such  other  devices,  eye-glasses,  false
 teeth, artificial eyes, orthotics, prosthetic devices, functional assis-
 tive  and  adaptive  devices  or  appliances or the providing of medical
 treatment and care as defined herein shall not constitute the payment of
 compensation under section twenty-five-a of this article. All  fees  and
 other  charges  for such treatment and services shall be limited to such
 charges as prevail in  the  same  community  for  similar  treatment  of
 injured persons of a like standard of living.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.