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This entry was published on 2020-12-18
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Telehealth delivery of services
Public Health (PBH) CHAPTER 45, ARTICLE 29-G
§ 2999-dd. Telehealth delivery of services. 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;
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
telephone 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.

2. The department of health, the office of mental health, the office
of alcoholism and substance abuse services, and the office for people
with developmental disabilities shall coordinate on the issuance of a
single guidance document, to be updated as appropriate, that shall: (a)
identify any differences in regulations or policies issued by the
agencies, including with respect to reimbursement pursuant to section
three hundred sixty-seven-u of the social services law; and (b) be
designed to assist consumers, providers, and health plans in
understanding and facilitating the appropriate use of telehealth in
addressing barriers to care.

3. (a) Dental telehealth services shall adhere to the standards of
appropriate patient care required in other dental health care settings,
including but not limited to appropriate patient examination, taking of
x-rays, and review of a patient's medical and dental history. All dental
telehealth providers shall identify themselves to patients, including
providing the professional's New York state license number. No dental
telehealth provider shall attempt to waive liability for its telehealth
services in advance of delivering such telehealth services and no dental
telehealth provider shall attempt to prevent a patient from filing any
complaint with any governmental agency or authority.

(b) This subdivision shall not be construed to diminish requirements
for other telehealth services.

4. Nothing in this article shall be deemed to allow any person to
provide any service for which a license, registration, certification or
other authorization under title eight of the education law is required
and which the person does not possess.