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This entry was published on 2021-04-23
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SECTION 2999-CC
Definitions
Public Health (PBH) CHAPTER 45, ARTICLE 29-G
§ 2999-cc. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "Distant site" means a site at which a telehealth provider is
located while delivering health care services by means of telehealth.
Any site within the United States or United States' territories is
eligible to be a distant site for delivery and payment purposes.

2. "Telehealth provider" means:

(a) a physician licensed pursuant to article one hundred thirty-one of
the education law;

(b) a physician assistant licensed pursuant to article one hundred
thirty-one-B of the education law;

(c) a dentist licensed pursuant to article one hundred thirty-three of
the education law;

(d) a nurse practitioner licensed pursuant to article one hundred
thirty-nine of the education law;

(e) a registered professional nurse licensed pursuant to article one
hundred thirty-nine of the education law only when such nurse is
receiving patient-specific health information or medical data at a
distant site by means of remote patient monitoring;

(f) a podiatrist licensed pursuant to article one hundred forty-one of
the education law;

(g) an optometrist licensed pursuant to article one hundred
forty-three of the education law;

(h) a psychologist licensed pursuant to article one hundred
fifty-three of the education law;

(i) a social worker licensed pursuant to article one hundred
fifty-four of the education law;

(j) a speech language pathologist or audiologist licensed pursuant to
article one hundred fifty-nine of the education law;

(k) a midwife licensed pursuant to article one hundred forty of the
education law;

(l) a physical therapist licensed pursuant to article one hundred
thirty-six of the education law;

(m) an occupational therapist licensed pursuant to article one hundred
fifty-six of the education law;

(n) a person who is certified as a diabetes educator by the National
Certification Board for Diabetes Educators, or a successor national
certification board, or provided by such a professional who is
affiliated with a program certified by the American Diabetes
Association, the American Association of Diabetes Educators, the Indian
Health Services, or any other national accreditation organization
approved by the federal centers for medicare and medicaid services;

(o) a person who is certified as an asthma educator by the National
Asthma Educator Certification Board, or a successor national
certification board;

(p) a person who is certified as a genetic counselor by the American
Board of Genetic Counseling, or a successor national certification
board;

(q) a hospital as defined in article twenty-eight of this chapter,
including residential health care facilities serving special needs
populations;

(r) a home care services agency as defined in article thirty-six of
this chapter;

(s) a hospice as defined in article forty of this chapter;

(t) credentialed alcoholism and substance abuse counselors
credentialed by the office of addiction services and supports or by a
credentialing entity approved by such office pursuant to section 19.07
of the mental hygiene law;

(u) providers authorized to provide services and service coordination
under the early intervention program pursuant to article twenty-five of
this chapter;

(v) clinics licensed or certified under article sixteen of the mental
hygiene law and certified and non-certified day and residential programs
funded or operated by the office for people with developmental
disabilities;

(w) a care manager employed by or under contract to a health home
program, patient centered medical home, office for people with
developmental disabilities Care Coordination Organization (CCO), hospice
or a voluntary foster care agency certified by the office of children
and family services certified and licensed pursuant to article
twenty-nine-i of this chapter;

(x) certified peer recovery advocate services providers certified by
the commissioner of addiction services and supports pursuant to section
19.18-b of the mental hygiene law, peer providers credentialed by the
commissioner of addiction services and supports and peers certified or
credentialed by the office of mental health; and

(y) any other provider as determined by the commissioner pursuant to
regulation or, in consultation with the commissioner, by the
commissioner of the office of mental health, the commissioner of the
office of addiction services and supports, or the commissioner of the
office for people with developmental disabilities pursuant to
regulation.

3. "Originating site" means a site at which a patient is located at
the time health care services are delivered to him or her by means of
telehealth.

4. "Telehealth" means the use of electronic information and
communication technologies by telehealth providers to deliver health
care services, which shall include the assessment, diagnosis,
consultation, treatment, education, care management and/or
self-management of a patient. Telehealth shall not include delivery of
health care services by means of facsimile machines, or electronic
messaging alone, though use of these technologies is not precluded if
used in conjunction with telemedicine, store and forward technology, or
remote patient monitoring. For purposes of this section, telehealth
shall be limited to telemedicine, store and forward technology, remote
patient monitoring and audio-only telephone communication, except that
with respect to the medical assistance program established under section
three hundred sixty-six of the social services law, and the child health
insurance plan under title one-A of article twenty-five of this chapter,
telehealth shall include audio-only telephone communication only to the
extent defined in regulations as may be promulgated by the commissioner.
This subdivision shall not preclude the delivery of health care services
by means of "home telehealth" as used in section thirty-six hundred
fourteen of this chapter.

5. "Telemedicine" means the use of synchronous, two-way electronic
audio visual communications to deliver clinical health care services,
which shall include the assessment, diagnosis, and treatment of a
patient, while such patient is at the originating site and a telehealth
provider is at a distant site.

6. "Store and forward technology" means the asynchronous, electronic
transmission of a patient's health information in the form of
patient-specific digital images and/or pre-recorded videos from a
provider at an originating site to a telehealth provider at a distant
site.

7. "Remote patient monitoring" means the use of synchronous or
asynchronous electronic information and communication technologies to
collect personal health information and medical data from a patient at
an originating site that is transmitted to a telehealth provider at a
distant site for use in the treatment and management of medical
conditions that require frequent monitoring. Such technologies may
include additional interaction triggered by previous transmissions, such
as interactive queries conducted through communication technologies or
by telephone. Such conditions shall include, but not be limited to,
congestive heart failure, diabetes, chronic obstructive pulmonary
disease, wound care, polypharmacy, mental or behavioral problems, and
technology-dependent care such as continuous oxygen, ventilator care,
total parenteral nutrition or enteral feeding. Remote patient monitoring
shall be ordered by a physician licensed pursuant to article one hundred
thirty-one of the education law, a nurse practitioner licensed pursuant
to article one hundred thirty-nine of the education law, or a midwife
licensed pursuant to article one hundred forty of the education law,
with which the patient has a substantial and ongoing relationship.