S T A T E O F N E W Y O R K
________________________________________________________________________
9521
I N A S S E M B L Y
January 19, 2018
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to telehealth under
medical assistance; and to repeal article 29-G of the public health
law relating to telehealth delivery of services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 29-G of the public health law is REPEALED.
§ 2. The section heading and subdivision 2 of section 367-u of the
social services law, the section heading as added by section 63-c of
part C of chapter 58 of the laws of 2007, subdivision 2 as amended by
chapter 6 of the laws of 2015, are amended to read as follows:
Payment for [home] telehealth services.
2. (A) Subject to federal financial participation and the approval of
the director of the budget, [the commissioner shall not exclude from the
payment of medical assistance funds the delivery of health care services
through telehealth, as defined in subdivision four of section two thou-
sand nine hundred ninety-nine-cc of the public health law] MEDICAL
ASSISTANCE SHALL NOT EXCLUDE FROM COVERAGE A SERVICE THAT IS OTHERWISE
COVERED UNDER MEDICAL ASSISTANCE BECAUSE THE SERVICE IS DELIVERED VIA
TELEHEALTH. Such services shall meet the requirements of federal law,
rules and regulations for the provision of medical assistance pursuant
to this title.
(B) FOR PURPOSES OF THIS SUBDIVISION, "TELEHEALTH" MEANS THE USE OF
ELECTRONIC INFORMATION AND COMMUNICATION TECHNOLOGIES BY A HEALTH CARE
PROVIDER TO DELIVER HEALTH CARE SERVICES TO AN INDIVIDUAL WHILE SUCH
INDIVIDUAL IS LOCATED AT A SITE THAT IS DIFFERENT FROM THE SITE WHERE
THE HEALTH CARE PROVIDER IS LOCATED.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14094-01-8