NY State Senate Bill S8416

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2020	signed chap.124
Jun 05, 2020	delivered to governor
May 27, 2020	returned to senate passed assembly ordered to third reading rules cal.38 substituted for a10404a referred to health delivered to assembly passed senate ordered to third reading cal.667
May 26, 2020	reported and committed to rules
May 24, 2020	referred to health

Votes

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May 27, 2020 - floor Vote

S8416

floor

Aye

Nay

Absent

Excused

Abstained

May 26, 2020 - Health committee Vote

S8416

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 24, 2020 - Rules committee Vote

S8416

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

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S8416 (ACTIVE) - Details

See Assembly Version of this Bill:: A10404
Law Section:: Public Health Law
Laws Affected:: Amd §§2999-cc, 2999-ee & 2999-dd, Pub Health L

S8416 (ACTIVE) - Summary

Includes audio-only and video-only telehealth and telemedicine services in those telehealth and telemedicine services eligible for reimbursement.

S8416 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8416

SPONSOR: METZGER
 
TITLE OF BILL:

An act to amend the public health law, in relation to including audio-
only and video-only telehealth and telemedicine services in those tele-
health and telemedicine services eligible for reimbursement

 
PURPOSE:

To expand telehealth services to allow for audio-only or video-only
communication, and to allow for such services to be eligible for
reimbursement.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one, subdivision four of the public health law is amended to
eliminate the prohibition on audio-only telephone communications under
the definition of telehealth services. Additionally, it affirmatively
adds audio-only telephone communications as an acceptable telehealth

modality. It would require the Commissioner of Health to approve audio-
only telephone communications as a modality for Medicaid and the Child
Health Insurance Plan.

Section two, section 2999-ee of the public health law is amended to
allow for video-only telehealth services to be included in services the
Commissioner of Health authorizes for expanded telehealth services.

Section two-a, clarifies that audio-only telehealth services can be
reimbursed under Medicaid if approved by the Commissioner of Health,
contingent on federal financial participation.

 
JUSTIFICATION:

When telemedicine first entered mainstream medical practice as a means
through which to provide and support the delivery of healthcare, it was
important that our laws evolved to ensure that this new technology
provided the same level of security and privacy offered to patients
during in-person doctor visits.

Now, in response to the COVID-19 pandemic, telemedicine is again at the
forefront of the healthcare landscape. As the crisis transforms-and
often mandates-changes to the way the medical community interacts with
patients and caregivers, both video and audio telemedicine have become
integral components of the delivery of care.

The law currently mandates that use of telemedicine include both audio
and video services. However, we must recognize that many vulnerable
residents in our underserved communities may not have access to video-
enabled devices. This bill will amend the current law to allow the use
of audio-only telemedicine services in order to ensure that patients in
every corner of New York State have the ability to access care and speak
with a medical professional remotely.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately

S8416 (ACTIVE) - Bill Text download pdf


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

                                  8416

                            I N  S E N A T E

                              May 24, 2020
                               ___________

Introduced  by  Sen. METZGER -- 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  including  audio-
  only  and  video-only  telehealth  and  telemedicine services in those
  telehealth and telemedicine services eligible for reimbursement

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

  Section  1. Subdivision 4 of section 2999-cc of the public health law,
as added by chapter 6 of the  laws  of  2015,  is  amended  to  read  as
follows:
  4.  "Telehealth"  means the use of electronic information and communi-
cation technologies by  telehealth  providers  to  deliver  health  care
services,  which  shall include the assessment, diagnosis, consultation,
treatment,  education,  care  management  and/or  self-management  of  a
patient.  Telehealth  shall not include delivery of health care services
by means of [audio-only telephone communication,] facsimile machines, or
electronic messaging alone, though use  of  these  technologies  is  not
precluded  if  used  in conjunction with telemedicine, store and forward
technology, or remote patient monitoring. For purposes of this  section,
telehealth shall be limited to telemedicine, store and forward technolo-
gy,  [and]  remote  patient monitoring AND AUDIO-ONLY TELEPHONE COMMUNI-
CATION, EXCEPT THAT WITH  RESPECT  TO  THE  MEDICAL  ASSISTANCE  PROGRAM
ESTABLISHED UNDER SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES
LAW,  AND  THE  CHILD HEALTH INSURANCE PLAN UNDER TITLE ONE-A OF ARTICLE
TWENTY-FIVE OF THIS CHAPTER, TELEHEALTH SHALL INCLUDE  AUDIO-ONLY  TELE-
PHONE  COMMUNICATION ONLY TO THE EXTENT DEFINED IN REGULATIONS AS MAY BE
PROMULGATED BY THE COMMISSIONER. This subdivision shall not preclude the
delivery of health care services by means of "home telehealth"  as  used
in section thirty-six hundred fourteen of this chapter.
  §  2.  Section 2999-ee of the public health law, as added by section 3
of part HH of chapter 56 of the laws of 2020,  is  amended  to  read  as
follows:
  §  2999-ee.  Increased application of telehealth. In order to increase
the application of telehealth in behavioral health, oral health,  mater-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16310-05-0

S. 8416                             2

nity  care, care management, services provided in emergency departments,
and services provided to certain high-need  populations  to  the  extent
such  services  are  deemed  appropriate for the populations served, and
notwithstanding the definitions set forth in section twenty-nine hundred
ninety-nine-cc of this article, in consultation with the commissioner of
the  office  of  children  and  family services, the commissioner of the
office of mental health, the commissioner of  the  office  of  addiction
services and supports, or the commissioner of the office for people with
developmental  disabilities, as applicable, the commissioner may specify
in regulation additional  acceptable  modalities  for  the  delivery  of
health  care services via telehealth, including but not limited to audi-
o-only OR VIDEO-ONLY telephone communications, online portals and survey
applications, and may specify additional categories of originating sites
at which a patient may be located at the time health care  services  are
delivered to the extent such additional modalities and originating sites
are deemed appropriate for the populations served.
  §  3.  Subdivision  1  of section 2999-dd of the public health law, as
amended by section 2 of part HH of chapter 56 of the laws  of  2020,  is
amended to read as follows:
  1.  Health  care  services  delivered  by means of telehealth shall be
entitled to reimbursement under section three hundred  sixty-seven-u  of
the  social services law; provided however, reimbursement for additional
modalities, provider  categories  and  originating  sites  specified  in
accordance with section twenty-nine hundred ninety-nine-ee of this arti-
cle,  AND  AUDIO-ONLY  TELEPHONE  COMMUNICATION  DEFINED  IN REGULATIONS
PROMULGATED PURSUANT TO SUBDIVISION FOUR OF SECTION TWENTY-NINE  HUNDRED
NINETY-NINE-CC  OF THIS ARTICLE, shall be contingent upon federal finan-
cial participation.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S8416

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 26, 2020 - Health committee Vote

Health Committee Vote: May 26, 2020

May 24, 2020 - Rules committee Vote

Rules Committee Vote: May 24, 2020

Co-Sponsors

S8416 (ACTIVE) - Details

S8416 (ACTIVE) - Summary

S8416 (ACTIVE) - Sponsor Memo

S8416 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8416

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Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 26, 2020 - Health committee Vote

Health Committee Vote: May 26, 2020

May 24, 2020 - Rules committee Vote

Rules Committee Vote: May 24, 2020

Co-Sponsors

S8416 (ACTIVE) - Details

S8416 (ACTIVE) - Summary

S8416 (ACTIVE) - Sponsor Memo

S8416 (ACTIVE) - Bill Text download pdf

Comments