S T A T E O F N E W Y O R K
________________________________________________________________________
6741
2021-2022 Regular Sessions
I N A S S E M B L Y
March 29, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring coverage for
delivery of asynchronous telemedicine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and declaration. The Legislature here-
by finds that there is a serious health concern in insurance policies
denying coverage for contraceptive care. The Legislature also finds that
throughout the COVID-19 pandemic, telemedicine has been essential for
patients across the state to receive care safely.
This Act enacts various provisions requiring that insurance policies
cover services provided through telemedicine, including requirements
that insurers provide coverage for contraceptive care, that will allow
patients across the state to receive care and limit the risk of
infection of COVID-19 throughout the pandemic.
§ 2. Section 3217-h of the insurance law, as added by chapter 6 of the
laws of 2015, is amended to read as follows:
§ 3217-h. Telehealth AND ASYNCHRONOUS TELEMEDICINE delivery of
services. (a) An insurer shall not exclude from coverage a service that
is otherwise covered under a policy that provides comprehensive coverage
for hospital, medical or surgical care, OR PRESCRIPTION DRUGS because
the service is delivered via telehealth OR ASYNCHRONOUS TELEMEDICINE, as
[that term is] SUCH TERMS ARE defined in subsection (b) AND SUBSECTION
(C) of this section[; provided, however, that an insurer may exclude
from coverage a service by a health care provider where the provider is
not otherwise covered under the policy]. An insurer may subject the
coverage of a service delivered via telehealth to co-payments, coinsu-
rance or deductibles provided that they are at least as favorable to the
insured as those established for the same service when not delivered via
telehealth. An insurer may subject the coverage of a service delivered
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09437-01-1
A. 6741 2
via telehealth to reasonable utilization management and quality assur-
ance requirements that are consistent with those established for the
same service when not delivered via telehealth.
(b) For purposes of this section, "telehealth" means the use of elec-
tronic information and communication technologies by a health care
provider to deliver health care services to an insured individual while
such individual is located at a site that is different from the site
where the health care provider is located.
(C) FOR PURPOSES OF THIS SECTION, "ASYNCHRONOUS TELEMEDICINE" MEANS
THE STORE-AND-FORWARD METHOD OF SECURE ELECTRONIC TRANSMISSION OF
MEDICAL INFORMATION, INCLUDING, BUT NOT LIMITED TO, DIGITAL IMAGES,
DOCUMENTS, PRE-RECORDED VIDEOS AND OTHER DATA PROVIDED TO OR BETWEEN
HEALTH CARE PROVIDERS FOR THE PURPOSE OF DELIVERING HEALTH CARE SERVICES
TO AN INSURED INDIVIDUAL THAT IS NOT TRANSMITTED SIMULTANEOUSLY WITH
SERVICES DELIVERED PURSUANT TO SUBSECTION (B) OF THIS SECTION.
§ 3. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 36 to read as follows:
(36) EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
INCLUDE COVERAGE FOR THE COST OF CONTRACEPTIVE CARE DELIVERED THROUGH
ASYNCHRONOUS TELEMEDICINE AS AUTHORIZED BY SECTION THREE THOUSAND TWO
HUNDRED SEVENTEEN-H OF THIS ARTICLE.
§ 4. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 22 to read as follows:
(22) EVERY POLICY WHICH PROVIDES COVERAGE FOR PRESCRIPTION DRUGS SHALL
INCLUDE COVERAGE FOR THE COST OF CONTRACEPTIVE CARE DELIVERED THROUGH
ASYNCHRONOUS TELEMEDICINE IN ACCORDANCE WITH SECTION THREE THOUSAND TWO
HUNDRED SEVENTEEN-H OF THIS ARTICLE.
§ 5. Section 4303 of the insurance law is amended by adding a new
subsection (ss) to read as follows:
(SS) EVERY CONTRACT ISSUED BY A HOSPITAL SERVICE CORPORATION OR A
HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR PRESCRIPTION
DRUGS SHALL INCLUDE COVERAGE FOR THE COST OF CONTRACEPTIVE CARE DELIV-
ERED THROUGH ASYNCHRONOUS TELEMEDICINE AS THAT TERM IS DEFINED IN
SECTION THREE THOUSAND TWO HUNDRED SEVENTEEN-H OF THIS CHAPTER.
§ 6. Section 4306-g of the insurance law, as added by chapter 6 of the
laws of 2015, is amended to read as follows:
§ 4306-g. Telehealth AND ASYNCHRONOUS TELEMEDICINE delivery of
services. (a) A corporation shall not exclude from coverage a service
that is otherwise covered under a contract that provides comprehensive
coverage for hospital, medical or surgical care, OR PRESCRIPTION DRUGS
because the service is delivered via telehealth OR ASYNCHRONOUS TELEMED-
ICINE, as [that term is] AS SUCH TERMS ARE defined in subsection (b) AND
SUBSECTION (C) of this section[; provided, however, that a corporation
may exclude from coverage a service by a health care provider where the
provider is not otherwise covered under the contract]. A corporation
may subject the coverage of a service delivered via telehealth to
co-payments, coinsurance or deductibles provided that they are at least
as favorable to the insured as those established for the same service
when not delivered via telehealth. A corporation may subject the cover-
age of a service delivered via telehealth to reasonable utilization
management and quality assurance requirements that are consistent with
those established for the same service when not delivered via tele-
health.
(b) For purposes of this section, "telehealth" means the use of elec-
tronic information and communication technologies by a health care
provider to deliver health care services to an insured individual while
A. 6741 3
such individual is located at a site that is different from the site
where the health care provider is located.
(C) FOR PURPOSES OF THIS SECTION, "ASYNCHRONOUS TELEMEDICINE" MEANS
THE STORE-AND-FORWARD METHOD OF SECURE ELECTRONIC TRANSMISSION OF
MEDICAL INFORMATION, INCLUDING, BUT NOT LIMITED TO, DIGITAL IMAGES,
DOCUMENTS, PRE-RECORDED VIDEOS AND OTHER DATA PROVIDED TO OR BETWEEN
HEALTH CARE PROVIDERS FOR THE PURPOSE OF DELIVERING HEALTH CARE SERVICES
TO AN INSURED INDIVIDUAL THAT IS NOT TRANSMITTED SIMULTANEOUSLY WITH
SERVICES DELIVERED PURSUANT TO SUBSECTION (B) OF THIS SECTION.
§ 7. This act shall take effect immediately.