S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10404--A
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16310-04-0

 A. 10404--A                         2
 
   § 2999-ee. Increased application of telehealth. In order  to  increase
 the  application of telehealth in behavioral health, oral health, mater-
 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.