S T A T E O F N E W Y O R K
________________________________________________________________________
8227
I N S E N A T E
April 27, 2020
___________
Introduced by Sens. JORDAN, BORRELLO -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to emergency medicine
triage delivery of services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature hereby
finds and declares that telemedicine technology has vastly expanded
access to health care for New York State residents while maintaining the
utmost quality of care. Technological advancements have succeeded in
bringing health care to those typically unable to access care thus
improving continuity of care. It is the intent of the legislature to
expand these initiatives to include emergency medical triage services
within the Medicaid program to reduce unnecessary emergency department
admissions while maintaining the quality care New York State residents
deserve. Emergency medical triage allows individuals to obtain health
care services for acute medical emergencies with emergency department
physicians through available technology for diagnosis, treatment,
prescriptions, triage, appropriate labs and imaging and patient follow-
up. These services will help to reduce the burden on hospital emergency
departments, which are oftentimes the first point of access to care for
members of the community.
§ 2. The public health law is amended by adding a new article 29-H to
read as follows:
ARTICLE 29-H
EMERGENCY MEDICINE TRIAGE
SECTION 2999-EE. DEFINITIONS.
2999-FF. EMERGENCY MEDICINE TRIAGE DELIVERY OF SERVICES.
§ 2999-EE. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "DISTANT SITE" MEANS A SITE AT WHICH AN EMERGENCY MEDICINE TRIAGE
PROVIDER IS LOCATED WHILE DELIVERING HEALTH CARE SERVICES BY MEANS OF
EMERGENCY MEDICINE TRIAGE.
2. "EMERGENCY MEDICINE TRIAGE PROVIDER" MEANS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14596-02-0
S. 8227 2
(A) A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF
THE EDUCATION LAW AND CREDENTIALED BY A REGIONAL EMERGENCY MEDICAL ADVI-
SORY COMMITTEE;
(B) A PHYSICIAN ASSISTANT LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-ONE-B OF THE EDUCATION LAW UNDER THE DIRECT SUPERVISION OF A
REGIONAL EMERGENCY MEDICAL ADVISORY COMMITTEE CREDENTIALED PHYSICIAN;
(C) A NURSE PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-NINE OF THE EDUCATION LAW UNDER THE DIRECT SUPERVISION OF A
REGIONAL EMERGENCY MEDICAL ADVISORY COMMITTEE CREDENTIALED PHYSICIAN;
AND
(D) ANY OTHER PROVIDER AS DETERMINED BY THE COMMISSIONER PURSUANT TO
REGULATION.
3. "ORIGINATING SITE" MEANS A SITE AT WHICH A PATIENT IS LOCATED AT
THE TIME HEALTH CARE SERVICES ARE DELIVERED TO HIM OR HER BY MEANS OF
EMERGENCY MEDICINE TRIAGE.
4. "EMERGENCY MEDICINE TRIAGE" MEANS THE USE OF ELECTRONIC COMMUNI-
CATION TECHNOLOGIES BY EMERGENCY MEDICINE TRIAGE PROVIDERS FOR THE
PURPOSE OF TRIAGING A PATIENT'S LEVEL OF MEDICAL SEVERITY AND TO DELIVER
HEALTH CARE SERVICES, WHICH MAY INCLUDE ASSESSMENT, DIAGNOSIS, TREATMENT
AND REFERRAL, WHEN AN ACUTE MEDICAL EMERGENCY OCCURS.
§ 2999-FF. EMERGENCY MEDICINE TRIAGE DELIVERY OF SERVICES. HEALTH CARE
SERVICES DELIVERED BY MEANS OF EMERGENCY MEDICINE TRIAGE SHALL BE ENTI-
TLED TO REIMBURSEMENT UNDER SECTION THREE HUNDRED SIXTY-SEVEN-U OF THE
SOCIAL SERVICES LAW.
§ 3. Notwithstanding the provisions of any law to the contrary, the
commissioner of health is authorized to approve social services district
use of emergency medicine triage delivery services to improve the deliv-
ery of quality health care services in a cost-effective manner. The
commissioner shall evaluate the results of utilization of such program,
including any savings resulting therefrom. Any such savings, after
certification by the director of the division of the budget, shall be
shared equally with the applicable social services districts to offset
the participating social services district's yearly net share of medical
assistance expenditures in a manner to be determined jointly by the
commissioner of health and the director of the division of the budget.
§ 4. This act shall take effect immediately.