§ 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 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 reimbursement
methodologies set forth in section twenty-eight hundred seven of this
chapter, if such costs were not incurred in the provision of telehealth
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
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.
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.

* NB Effective until April 1, 2024

* 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.

* NB Effective April 1, 2024

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.