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A04940 Text:

                STATE OF NEW YORK
                               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.

        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.
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