S T A T E O F N E W Y O R K
________________________________________________________________________
9055
I N S E N A T E
May 6, 2022
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to permitting
telemedicine services for mental and behavioral health issues under
the workers' compensation system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 13-m of the workers' compensation law is amended by
adding a new subdivision 15 to read as follows:
15. TELEHEALTH VISITS FOR PSYCHOLOGICAL TESTING, TREATMENT AND COUN-
SELING BY PSYCHIATRISTS, PSYCHOLOGISTS AND LICENSED CLINICAL SOCIAL
WORKERS SHALL BE PERMITTED WITH ONE IN-PERSON VISIT WITHIN TWELVE MONTHS
OF THE FIRST VIDEO TELEHEALTH VISIT AND WITHIN SIX MONTHS OF THE FIRST
AUDIO-ONLY TELEHEALTH VISIT UNLESS (A) IN THE PROVIDER'S PROFESSIONAL
JUDGMENT, AN IN-PERSON VISIT SERVICE IS LIKELY TO CAUSE DISRUPTION IN
SERVICE DELIVERY OR HAS THE POTENTIAL TO WORSEN THE PATIENT'S CONDITION,
OR (B) WOULD CREATE UNDUE HARDSHIP UPON THE PATIENT OR THEIR FAMILY. A
FINDING OF UNDUE BURDEN SHALL INCLUDE CONSIDERATION OF WHETHER TRAVEL TO
AND FROM THE IN-PERSON VISIT WOULD CAUSE UNDUE FINANCIAL BURDEN OR
UNREASONABLE PHYSICAL OR MENTAL DISTRESS.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15130-02-2