Bill Text: NY A01421 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to rates of reimbursement for telehealth services; requires insurers to reimburse telehealth providers at the same rate as they would if the services had been provided in person.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-26 - print number 1421b [A01421 Detail]

Download: New_York-2017-A01421-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1421--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced  by M. of A. JENNE -- read once and referred to the Committee
          on Insurance -- committee discharged, bill amended, ordered  reprinted
          as  amended  and  recommitted  to said committee -- recommitted to the
          Committee on Insurance 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 and the insurance law, in relation
          to rates of 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. Section 2999-dd of the public health law, as added by chap-
     2  ter 6 of the laws of 2015, is amended to read as follows:
     3    §  2999-dd.  Telehealth  delivery of services. 1. Health care services
     4  delivered by means of telehealth  shall  be  entitled  to  reimbursement
     5  under section three hundred sixty-seven-u of the social services law.
     6    2.  An  insurer  shall  reimburse  a  telehealth  provider for covered
     7  services delivered via telehealth on the same basis and at the same rate
     8  as established for the same service when not delivered via telehealth.
     9    § 2. Subsection (a) of section 3217-h of the insurance law,  as  added
    10  by chapter 6 of the laws of 2015, is amended to read as follows:
    11    (a)  An  insurer  shall  not  exclude  from coverage a service that is
    12  otherwise covered under a policy that  provides  comprehensive  coverage
    13  for  hospital, medical or surgical care because the service is delivered
    14  via telehealth, as that term  is  defined  in  subsection  (b)  of  this
    15  section;  provided, however, that an insurer may exclude from coverage a
    16  service by a health care provider where the provider  is  not  otherwise
    17  covered  under  the  policy.  An  insurer shall reimburse the telehealth
    18  provider for covered services delivered via telehealth on the same basis
    19  and at the same rate as established for the same service when not deliv-
    20  ered via telehealth; and may subject the coverage of a service delivered
    21  via telehealth to co-payments, coinsurance or deductibles provided  that
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06234-05-8

        A. 1421--B                          2
     1  they  are  at least as favorable to the insured as those established for
     2  the same service when not  delivered  via  telehealth.  An  insurer  may
     3  subject the coverage of a service delivered via telehealth to reasonable
     4  utilization  management  and  quality  assurance  requirements  that are
     5  consistent with those established for the same service when  not  deliv-
     6  ered via telehealth.
     7    §  3.  Subsection (a) of section 4306-g of the insurance law, as added
     8  by chapter 6 of the laws of 2015, is amended to read as follows:
     9    (a) A corporation shall not exclude from coverage a  service  that  is
    10  otherwise  covered under a contract that provides comprehensive coverage
    11  for hospital, medical or surgical care because the service is  delivered
    12  via  telehealth,  as  that  term  is  defined  in subsection (b) of this
    13  section; provided, however, that a corporation may exclude from coverage
    14  a service by a health care provider where the provider is not  otherwise
    15  covered  under  the  contract.   A corporation shall reimburse the tele-
    16  health provider for covered services delivered  via  telehealth  on  the
    17  same basis and at the same rate as established for the same service when
    18  not  delivered via telehealth; and may subject the coverage of a service
    19  delivered via telehealth  to  co-payments,  coinsurance  or  deductibles
    20  provided  that  they  are  at least as favorable to the insured as those
    21  established for the same service when not delivered  via  telehealth.  A
    22  corporation  may  subject  the coverage of a service delivered via tele-
    23  health  to  reasonable  utilization  management  and  quality  assurance
    24  requirements  that  are  consistent  with those established for the same
    25  service when not delivered via telehealth.
    26    § 4. Subdivision 1 of section 4406-g of  the  public  health  law,  as
    27  added by chapter 6 of the laws of 2015, is amended to read as follows:
    28    1. A health maintenance organization shall not exclude from coverage a
    29  service that is otherwise covered under an enrollee contract of a health
    30  maintenance  organization  because  the  service  is delivered via tele-
    31  health, as that term is defined in  subdivision  two  of  this  section;
    32  provided,  however,  that  a health maintenance organization may exclude
    33  from coverage a service by a health care provider where the provider  is
    34  not otherwise covered under the enrollee contract.  A health maintenance
    35  organization   shall  reimburse  the  telehealth  provider  for  covered
    36  services delivered via telehealth on the same basis and at the same rate
    37  as established for the same service when not delivered  via  telehealth;
    38  and  may  subject  the coverage of a service delivered via telehealth to
    39  co-payments, coinsurance or deductibles provided that they are at  least
    40  as  favorable  to the enrollee as those established for the same service
    41  when not delivered via telehealth. A health maintenance organization may
    42  subject the coverage of a service delivered via telehealth to reasonable
    43  utilization management  and  quality  assurance  requirements  that  are
    44  consistent  with  those established for the same service when not deliv-
    45  ered via telehealth.
    46    § 5. This act shall take effect immediately and  shall  apply  to  all
    47  policies  and contracts issued, renewed, modified, altered or amended on
    48  or after January 1, 2018.
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