Bill Text: NY S06733 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expands health care services provided by telehealth to include services delivered through a facility licensed under article twenty-eight of the public health law that is eligible to be designated or has received a designation as a federally qualified health center, including those facilities that are also licensed under article thirty-one or article thirty-two of the mental hygiene law.

Spectrum: Slight Partisan Bill (Democrat 18-8)

Status: (Engrossed) 2024-06-03 - referred to ways and means [S06733 Detail]

Download: New_York-2023-S06733-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6733

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 8, 2023
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation to  expanding  health
          care  services  provided by telehealth; and to amend part V of chapter
          57 of the laws of 2022, amending the public health law and the  insur-
          ance  law  relating  to  reimbursement  for  commercial  and  Medicaid
          services provided via telehealth, in  relation  to  the  effectiveness
          thereof

          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11157-01-3
        S. 6733                             2

     1  article, shall  be  contingent  upon  federal  financial  participation.
     2  Notwithstanding   the  provisions  of  this  subdivision,  for  services
     3  licensed, certified or otherwise authorized pursuant to article sixteen,
     4  article  thirty-one or article thirty-two of the mental hygiene law, and
     5  for any services delivered through a  facility  licensed  under  article
     6  twenty-eight  of  this  chapter that is eligible to be designated or has
     7  received a designation as a federally qualified health center in accord-
     8  ance with 42 USC § 1396a(aa), as amended, or any successor law  thereto,
     9  including  those facilities that are also licensed under article thirty-
    10  one or article thirty-two of  the  mental  hygiene  law,  such  services
    11  provided  by  telehealth[, as deemed appropriate by the relevant commis-
    12  sioner,] shall be reimbursed at the applicable in person rates  or  fees
    13  established  by law, or otherwise established or certified by the office
    14  for people with developmental disabilities, office of mental health,  or
    15  the  office  of  addiction  services  and  supports  pursuant to article
    16  forty-three of the mental hygiene law.
    17    § 2.  Section 7 of part V of chapter 57 of the laws of 2022,  amending
    18  the  public  health  law and the insurance law relating to reimbursement
    19  for commercial and Medicaid services provided via telehealth, is amended
    20  to read as follows:
    21    § 7. This act shall take effect immediately and  shall  be  deemed  to
    22  have been in full force and effect on and after April 1, 2022; provided,
    23  however, this act shall expire and be deemed repealed on and after April
    24  1, [2024] 2026.
    25    §  3.  This  act shall take effect immediately; provided however, that
    26  the provisions of section one of this act shall  take  effect  April  1,
    27  2024; provided further, however, that the amendments to subdivision 1 of
    28  section 2999-dd of the public health law made by section one of this act
    29  shall not affect the expiration of such subdivision and shall expire and
    30  be deemed repealed therewith.