Bill Text: NY A06509 | 2023-2024 | General Assembly | Introduced

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Bill Title: Adds services delivered, to individuals with developmental disabilities and traumatic brain injury, through a facility licensed under article twenty-eight of the public health law, to the requirement that telehealth services be reimbursed at the applicable in person rates or fees regardless of the location of the patient or the clinician.

Spectrum: Moderate Partisan Bill (Democrat 19-5)

Status: (Introduced) 2024-01-03 - referred to health [A06509 Detail]

Download: New_York-2023-A06509-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6509

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 12, 2023
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Health

        AN  ACT to amend the public health law, in relation to reimbursement for
          telehealth services

          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.
    23  Notwithstanding   the  provisions  of  this  subdivision,  for  services
    24  licensed, certified or otherwise authorized pursuant to article sixteen,
    25  article thirty-one or article thirty-two of the mental hygiene law,  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10741-01-3
        A. 6509                             2

     1  for  any  services  delivered  through a facility licensed under article
     2  twenty-eight of this chapter to eligible persons diagnosed with a devel-
     3  opmental disability or a traumatic brain injury, such services  provided
     4  by  telehealth[,  as  deemed  appropriate by the relevant commissioner,]
     5  shall be reimbursed at the applicable in person  rates  or  fees  estab-
     6  lished  by  law, or otherwise established or certified by the office for
     7  people with developmental disabilities, office of mental health, or  the
     8  office  of  addiction  services  and supports pursuant to article forty-
     9  three of the mental hygiene law.
    10    § 2. This act shall take effect immediately and  shall  be  deemed  to
    11  have  been in effect on and after April 1, 2023; provided, however, that
    12  the amendments to subdivision 1 of section 2999-dd of the public  health
    13  law  made  by section one of this act shall be subject to the expiration
    14  and reversion of  such  subdivision  and  shall  expire  and  be  deemed
    15  repealed therewith.