Senate Bill S4720

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4720
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to reimbursement  for
   telehealth services
 
   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
 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, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05707-01-5
              

 S. 4720                             2
 
 FOR ANY SERVICES DELIVERED THROUGH A  FACILITY  LICENSED  UNDER  ARTICLE
 TWENTY-EIGHT OF THIS CHAPTER TO ELIGIBLE PERSONS DIAGNOSED WITH A DEVEL-
 OPMENTAL  DISABILITY OR A TRAUMATIC BRAIN INJURY, such services provided
 by  telehealth[,  as  deemed  appropriate by the relevant commissioner,]
 shall be reimbursed at the applicable in person  rates  or  fees  estab-
 lished  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.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been in effect on and after April 1, 2025; provided, however, that
 the amendments to subdivision 1 of section 2999-dd of the public  health
 law  made  by section one of this act shall be subject to the expiration
 and reversion of  such  subdivision  and  shall  expire  and  be  deemed
 repealed therewith.