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A10665 Summary:

BILL NOA10665
 
SAME ASSAME AS S08609
 
SPONSORRules (Rosenthal L)
 
COSPNSR
 
MLTSPNSR
 
Amd 2999-cc - 2999-ee, Pub Health L
 
Includes audio-only and video-only telehealth and telemedicine services in those telehealth and telemedicine services eligible for reimbursement; provides that telehealth shall include certified peer recovery advocate services.
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A10665 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10665
 
                   IN ASSEMBLY
 
                                      June 24, 2020
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
          thal) -- read once and referred to the Committee on Health
 
        AN ACT to amend the public health law, in relation to  including  audio-
          only  and  video-only  telehealth  and  telemedicine services in those
          telehealth and telemedicine services eligible  for  reimbursement  and
          making  certified  peer  recovery  advocate services eligible for such
          reimbursement
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 4 of section 2999-cc of the public health law,
     2  as added by chapter 6 of the  laws  of  2015,  is  amended  to  read  as
     3  follows:
     4    4.  "Telehealth"  means the use of electronic information and communi-
     5  cation technologies by  telehealth  providers  to  deliver  health  care
     6  services,  which  shall include the assessment, diagnosis, consultation,
     7  treatment,  education,  care  management  and/or  self-management  of  a
     8  patient.  Telehealth  shall not include delivery of health care services
     9  by means of [audio-only telephone communication,] facsimile machines, or
    10  electronic messaging alone, though use  of  these  technologies  is  not
    11  precluded  if  used  in conjunction with telemedicine, store and forward
    12  technology, or remote patient monitoring. For purposes of this  section,
    13  telehealth shall be limited to telemedicine, store and forward technolo-
    14  gy,  [and]  remote  patient monitoring and audio-only telephone communi-
    15  cation, except that with  respect  to  the  medical  assistance  program
    16  established under section three hundred sixty-six of the social services
    17  law,  and  the  child health insurance plan under title one-A of article
    18  twenty-five of this chapter, telehealth shall include  audio-only  tele-
    19  phone  communication only to the extent defined in regulations as may be
    20  promulgated by the commissioner. This subdivision shall not preclude the
    21  delivery of health care services by means of "home telehealth"  as  used
    22  in section thirty-six hundred fourteen of this chapter.
    23    §  2.  Subdivision  2  of  section 2999-cc of the public health law is
    24  amended by adding a new paragraph (t-1) to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16732-01-0

        A. 10665                            2
 
     1    (t-1) certified peer recovery advocate services providers certified by
     2  the commissioner of addiction services and supports pursuant to  section
     3  19.18-b of the mental hygiene law;
     4    §  3.  Section 2999-ee of the public health law, as added by section 3
     5  of part HH of chapter 56 of the laws of 2020,  is  amended  to  read  as
     6  follows:
     7    §  2999-ee.  Increased application of telehealth. In order to increase
     8  the application of telehealth in behavioral health, oral health,  mater-
     9  nity  care, care management, services provided in emergency departments,
    10  and services provided to certain high-need  populations  to  the  extent
    11  such  services  are  deemed  appropriate for the populations served, and
    12  notwithstanding the definitions set forth in section twenty-nine hundred
    13  ninety-nine-cc of this article, in consultation with the commissioner of
    14  the office of children and family  services,  the  commissioner  of  the
    15  office  of  mental  health,  the commissioner of the office of addiction
    16  services and supports, or the commissioner of the office for people with
    17  developmental disabilities, as applicable, the commissioner may  specify
    18  in  regulation  additional  acceptable  modalities  for  the delivery of
    19  health care services via telehealth, including but not limited to  audi-
    20  o-only or video-only telephone communications, online portals and survey
    21  applications, and may specify additional categories of originating sites
    22  at  which  a patient may be located at the time health care services are
    23  delivered to the extent such additional modalities and originating sites
    24  are deemed appropriate for the populations served.
    25    § 4. Subdivision 1 of section 2999-dd of the  public  health  law,  as
    26  amended  by  section  2 of part HH of chapter 56 of the laws of 2020, is
    27  amended to read as follows:
    28    1. Health care services delivered by  means  of  telehealth  shall  be
    29  entitled  to  reimbursement under section three hundred sixty-seven-u of
    30  the social services law; provided however, reimbursement for  additional
    31  modalities,  provider  categories  and  originating  sites  specified in
    32  accordance with section twenty-nine hundred ninety-nine-ee of this arti-
    33  cle, and  audio-only  telephone  communication  defined  in  regulations
    34  promulgated  pursuant to subdivision four of section twenty-nine hundred
    35  ninety-nine-cc of this article, shall be contingent upon federal  finan-
    36  cial participation.
    37    § 5. This act shall take effect immediately.
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