STATE OF NEW YORK
________________________________________________________________________
2776--A
2023-2024 Regular Sessions
IN SENATE
January 24, 2023
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- recommitted to
the Committee on Health in accordance with Senate Rule 6, sec. 8 --
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.
LBD02426-02-4
S. 2776--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.
