NY State Senate Bill 2023-S1878

Senate Bill S1878

2023-2024 Legislative Session

Permits telemedicine services for mental and behavioral health issues under the workers' compensation system

download bill text pdf

Current Bill Status - In Senate Committee Labor Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to labor
Jan 17, 2023	referred to labor

2023-S1878 (ACTIVE) - Details

See Assembly Version of this Bill:: A1014
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §13-m, Work Comp L
Versions Introduced in 2021-2022 Legislative Session:: S9055, A10149

2023-S1878 (ACTIVE) - Summary

Permits telemedicine services for mental and behavioral health issues under the workers' compensation system; permits one in-person visit within twelve months unless such in-person visit causes undue hardship on a patient.

2023-S1878 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1878

SPONSOR: BROUK
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Permits telemedicine services for mental and behavioral health issues
under the workers' compensation system

 
SUMMARY OF PROVISIONS:

Section 1. Adds subdivision 15 to section 13-m of the workers' compen-
sation law to permit telehealth visits for psychological testing, treat-
ment and counseling by psychiatrists, psychologists and licensed clin-
ical social workers provided one in-person visit occurs 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 profes-

sional judgment, an in-person visit 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.

Section 2 is the effective date.

 
JUSTIFICATION:

This bill furthers the work done by the legislature in the SFY 2023
Budget in establishing telehealth parity for the provision of medical
services. Right now, injured workers, particularly those with mental or
behavioral health needs, face significant hurdles in obtaining treat-
ment. As has been highlighted since the COVID-19 pandemic, access to
medical care varies significantly depending on your location in New York
State. These barriers are complicated further by the limited number of
medical professionals who are licensed as eligible providers under the
workers compensation system. For treatment of mental and behavioral
health issues caused by workplace injuries, it is too often the reality
that that the nearest licensed provider is hundreds of miles away, and
an injured worker utilizing the workers' compensation system may only
receive treatment from such a license provider.

This bill will allow injured workers to obtain their necessary treatment
via telemedicine while still requiring an in person visit where appro-
priate. This will ensure the delivery of timely and quality medical
treatment to New Yorkers injured in the workplace regardless of where
they live.

 
LEGISLATIVE HISTORY:

2021-22: S9055 referred to labor.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1878 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1878
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 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.
                                                            LBD01939-01-3

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