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.