STATE OF NEW YORK ________________________________________________________________________ 4940--A 2023-2024 Regular Sessions IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. WOERNER, McDONALD -- read once and referred to the Committee on Health -- recommitted to the Committee on Environ- mental Conservation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to expanding health- care services provided by telehealth The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 2999-dd of the public health law, 2 as amended by section 2 of part V of chapter 57 of the laws of 2022, is 3 amended to read as follows: 4 1. Health care services delivered by means of telehealth shall be 5 entitled to reimbursement under section three hundred sixty-seven-u of 6 the social services law on the same basis, at the same rate, and to the 7 same extent the equivalent services, as may be defined in regulations 8 promulgated by the commissioner, are reimbursed when delivered in 9 person; provided, however, that health care services delivered by means 10 of telehealth shall not require reimbursement to a telehealth provider 11 for certain costs, including but not limited to facility fees or costs 12 reimbursed through ambulatory patient groups or other clinic reimburse- 13 ment methodologies set forth in section twenty-eight hundred seven of 14 this chapter, if such costs were not incurred in the provision of tele- 15 health services due to neither the originating site nor the distant site 16 occurring within a facility or other clinic setting; and further 17 provided, however, reimbursement for additional modalities, provider 18 categories and originating sites specified in accordance with section 19 twenty-nine hundred ninety-nine-ee of this article, and audio-only tele- 20 phone communication defined in regulations promulgated pursuant to 21 subdivision four of section twenty-nine hundred ninety-nine-cc of this 22 article, shall be contingent upon federal financial participation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02426-03-4
A. 4940--A 2 1 Notwithstanding the provisions of this subdivision, for services 2 licensed, certified or otherwise authorized pursuant to article sixteen, 3 article thirty-one or article thirty-two of the mental hygiene law, such 4 services provided by telehealth[, as deemed appropriate by the relevant 5 commissioner,] shall be reimbursed at the applicable in person rates or 6 fees established by law, or otherwise established or certified by the 7 office for people with developmental disabilities, office of mental 8 health, or the office of addiction services and supports pursuant to 9 article forty-three of the mental hygiene law, unless a specific service 10 is deemed inappropriate by the relevant commissioner. 11 § 2. This act shall take effect on the sixtieth day after it shall 12 have become a law.