STATE OF NEW YORK
________________________________________________________________________
4959
2015-2016 Regular Sessions
IN SENATE
April 24, 2015
___________
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the insurance law, in relation
to telehealth and telemedicine services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (r) and (s) of subdivision 1 of section 2 of the
2 public health law, as added by chapter 550 of the laws of 2014, is
3 amended to read as follows:
4 (r) Telehealth. The term "telehealth" means delivering health care
5 services by means of information and communications technologies
6 consisting of telephones, remote patient monitoring devices or other
7 electronic means which facilitate the assessment, diagnosis, consulta-
8 tion, treatment, education, care management, including mental health
9 care at outpatient clinics or OASAS outpatient clinics and self manage-
10 ment of a patient's health care [while such patient is at the originat-
11 ing site and the health care provider is at a distant site]; consistent
12 with applicable federal law and regulations; unless the term is other-
13 wise defined by law with respect to the provision in which it is used.
14 (s) Telemedicine. The term "telemedicine" means the delivery of clin-
15 ical health care services by means of real time two-way electronic audio
16 visual communications, including the application of secure video confer-
17 encing or store and forward technology to provide or support healthcare
18 delivery, which facilitate the assessment, diagnosis, consultation,
19 treatment, education, care management, including mental health care at
20 outpatient clinics or OASAS outpatient clinics and self management of a
21 patient's health care [while such patient is at the originating site and
22 the health care provider is at a distant site]; consistent with applica-
23 ble federal law and regulations; unless the term is otherwise defined by
24 law with respect to the provision in which it is used.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08668-01-5
S. 4959 2
1 § 2. Paragraph 30 of subsection (i) of section 3216 of the insurance
2 law, as added by chapter 550 of the laws of 2014, is amended to read as
3 follows:
4 (30) Every policy delivered or issued for delivery in this state which
5 provides comprehensive coverage for hospital, medical or surgical care
6 shall make available and, if requested by a policy holder, provide
7 coverage for services which are otherwise covered under the policy that
8 are provided (A) via telemedicine, as defined in section two of the
9 public health law, provided that such services meet the requirements of
10 federal law, rules and regulations for Medicare [(other than any origi-
11 nating site restriction requirements)]; or (B) telehealth services, as
12 defined in section two of the public health law, provided that such
13 services are consistent with subdivision three-c of section thirty-six
14 hundred fourteen of the public health law. The provider of such services
15 shall meet the terms and conditions (to the extent not inconsistent with
16 this paragraph) of his or her contract with the insurer. Such coverage
17 required by this paragraph may be subject to annual deductibles and
18 coinsurance, and other terms and conditions of coverage, including, but
19 not limited to, utilization management and other managed care tools, as
20 are consistent with those established for the same services when not
21 provided via telemedicine or telehealth.
22 § 3. Paragraph 19 of subsection (k) of section 3221 of the insurance
23 law, as added by chapter 550 of the laws of 2014, is amended to read as
24 follows:
25 (19) Every group or blanket policy delivered or issued for delivery in
26 this state which provides comprehensive coverage for hospital, medical
27 or surgical care shall make available and, if requested by the group
28 policyholder, provide coverage for services which are otherwise covered
29 under the policy that are provided (A) via telemedicine, as defined in
30 section two of the public health law, provided that such services meet
31 the requirements of federal law, rules and regulations for Medicare
32 [(other than any originating site restriction requirements)]; or (B)
33 telehealth services, as defined in section two of the public health law,
34 provided that such services are consistent with subdivision three-c of
35 section thirty-six hundred fourteen of the public health law. The
36 provider of such services shall meet the terms and conditions (to the
37 extent not inconsistent with this paragraph) of his or her contract with
38 the insurer. Such coverage required by this paragraph may be subject to
39 annual deductibles and coinsurance, and other terms and conditions of
40 coverage, including, but not limited to, utilization management and
41 other managed care tools, as are consistent with those established for
42 the same services when not provided via telemedicine or telehealth.
43 § 4. Subsection (oo) of section 4303 of the insurance law, as added by
44 chapter 550 of the laws of 2014, is amended to read as follows:
45 (oo) Every contract issued by a medical expense indemnity corporation,
46 a hospital service corporation or a health service corporation which
47 provides comprehensive coverage for hospital, medical or surgical care
48 shall make available and, if requested by a contract holder, provide
49 coverage for services which are otherwise covered under the policy that
50 are provided (1) via telemedicine, as defined in section two of the
51 public health law, provided that such services meet the requirements of
52 federal law, rules and regulations for Medicare [(other than any origi-
53 nating site restriction requirements)]; or (2) telehealth services, as
54 defined in section two of the public health law, provided that such
55 services are consistent with subdivision three-c of section thirty-six
56 hundred fourteen of the public health law. The provider of such services
S. 4959 3
1 shall meet the terms and conditions (to the extent not inconsistent with
2 this subsection) of his or her contract with the insurer. Such coverage
3 required by this subsection may be subject to annual deductibles and
4 coinsurance, and other terms and conditions of coverage, including, but
5 not limited to, utilization management and other managed care tools, as
6 are consistent with those established for the same services when not
7 provided via telemedicine or telehealth.
8 § 5. Paragraph (d) of subdivision 1 of section 2805-u of the public
9 health law, as added by chapter 390 of the laws of 2012, is amended to
10 read as follows:
11 (d) "Telemedicine" means the delivery of clinical health care services
12 by means of real time two-way electronic audio-visual communications
13 which facilitate the assessment, diagnosis, consultation, treatment,
14 education, care management, including mental health care at outpatient
15 clinics or OASAS outpatient clinics and self management of a patient's
16 health care [while such patient is at the originating site and the
17 health care provider is at a distant site].
18 § 6. This act shall take effect on the sixtieth day after it shall
19 have become a law.
