The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4940
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to expanding  health-
   care  services  provided by telehealth; and to amend part V of chapter
   57 of the laws of 2022 amending the public health law and  the  insur-
   ance  law  relating  to  reimbursement  for  commercial  and  Medicaid
   services provided via telehealth, in  relation  to  the  effectiveness
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2999-dd of the public health  law,
 as  amended by section 2 of part V of chapter 57 of the laws of 2022, 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 on the same basis, at the same rate, and to  the
 same  extent  the  equivalent services, as may be defined in regulations
 promulgated by  the  commissioner,  are  reimbursed  when  delivered  in
 person;  provided, however, that health care services delivered by means
 of telehealth shall not require reimbursement to a  telehealth  provider
 for  certain  costs, including but not limited to facility fees or costs
 reimbursed through ambulatory patient groups or other clinic  reimburse-
 ment  methodologies  set  forth in section twenty-eight hundred seven of
 this chapter, if such costs were not incurred in the provision of  tele-
 health services due to neither the originating site nor the distant site
 occurring  within  a  facility  or  other  clinic  setting;  and further
 provided, however, reimbursement  for  additional  modalities,  provider
 categories  and  originating  sites specified in accordance with section
 twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
 phone communication  defined  in  regulations  promulgated  pursuant  to
 subdivision  four  of section twenty-nine hundred ninety-nine-cc of this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02426-01-3

 A. 4940                             2
 
 article, shall  be  contingent  upon  federal  financial  participation.
 Notwithstanding   the  provisions  of  this  subdivision,  for  services
 licensed, certified or otherwise authorized pursuant to article sixteen,
 article thirty-one or article thirty-two of the mental hygiene law, such
 services  provided by telehealth[, as deemed appropriate by the relevant
 commissioner,] shall be reimbursed at the applicable in person rates  or
 fees  established  by  law, or otherwise established or certified by the
 office for people with  developmental  disabilities,  office  of  mental
 health,  or  the  office  of addiction services and supports pursuant to
 article forty-three of the mental hygiene law, UNLESS A SPECIFIC SERVICE
 IS DEEMED INAPPROPRIATE BY THE RELEVANT COMMISSIONER.
   § 2. Section 7 of part V of chapter 57 of the laws  of  2022  amending
 the  public  health  law and the insurance law relating to reimbursement
 for commercial and Medicaid services provided via telehealth is  amended
 to read as follows:
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full  force  and  effect  on  and  after  April  1,  2022[;
 provided,  however,  this act shall expire and be deemed repealed on and
 after April 1, 2024].
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of this act shall take effect on the sixtieth day after it
 shall have become a law.