Bill Text: NY A09833 | 2011-2012 | General Assembly | Amended
Bill Title: Requires insurers and medical assistance for needy persons to provide coverage for the provision of telehealth services.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-15 - print number 9833a [A09833 Detail]
Download: New_York-2011-A09833-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6969--A A. 9833--A
S E N A T E - A S S E M B L Y
April 18, 2012
___________
IN SENATE -- Introduced by Sens. YOUNG, BRESLIN, O'MARA, RITCHIE, VALE-
SKY -- (at request of the Legislative Commission on Rural Resources)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. GUNTHER -- Multi-Sponsored by --
M. of A. BURLING, LIFTON, PALMESANO -- read once and referred to the
Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, the insurance law and the social
services law, in relation to the provision of 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 2 of the public health law is
2 amended by adding five new paragraphs (o), (p), (q), (r) and (s) to read
3 as follows:
4 (O) DISTANT SITE. THE TERM "DISTANT SITE" MEANS A SITE AT WHICH A
5 HEALTH CARE PROVIDER IS LOCATED WHILE PROVIDING HEALTH CARE SERVICES BY
6 MEANS OF A FEDERAL FOOD AND DRUG ADMINISTRATION APPROVED AND INTEROPERA-
7 BLE TELECOMMUNICATIONS SYSTEM.
8 (P) HEALTH CARE PROVIDER. THE TERM "HEALTH CARE PROVIDER" MEANS A
9 PERSON LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED
10 THIRTY-ONE-B, ONE HUNDRED THIRTY-THREE, ONE HUNDRED THIRTY-NINE, ONE
11 HUNDRED FORTY, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE
12 HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR
13 ONE HUNDRED FIFTY-NINE OF THE EDUCATION LAW; A PHYSICIANS PRACTICE
14 GROUP; A HOSPITAL; A CERTIFIED HOME HEALTH AGENCY; A LONG TERM HOME
15 HEALTH CARE PROGRAM; AND A LICENSED HOME CARE SERVICE AGENCY.
16 (Q) ORIGINATING SITE. THE TERM "ORIGINATING SITE" MEANS A SITE AT
17 WHICH A PATIENT IS LOCATED AT THE TIME HEALTH CARE SERVICES ARE PROVIDED
18 TO HIM OR HER BY MEANS OF A FEDERAL FOOD AND DRUG ADMINISTRATION
19 APPROVED AND INTEROPERABLE TELECOMMUNICATIONS SYSTEM.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14429-08-2
S. 6969--A 2 A. 9833--A
1 (R) TELEHEALTH. THE TERM "TELEHEALTH" MEANS THE MODE OF DELIVERING
2 HEALTH CARE SERVICES BY MEANS OF INFORMATION AND COMMUNICATIONS TECHNOL-
3 OGIES CONSISTING OF TELEPHONES, REMOTE PATIENT MONITORING DEVICES OR
4 OTHER ELECTRONIC MEANS WHICH FACILITATE THE ASSESSMENT, DIAGNOSIS,
5 CONSULTATION, TREATMENT, EDUCATION, CARE MANAGEMENT AND SELF MANAGEMENT
6 OF A PATIENT'S HEALTH CARE WHILE SUCH PATIENT IS AT THE ORIGINATING SITE
7 AND THE HEALTH CARE PROVIDER IS AT A DISTANT SITE. SUCH TERM SHALL
8 INCLUDE TELEMEDICINE.
9 (S) TELEMEDICINE. THE TERM "TELEMEDICINE" MEANS THE DELIVERY OF CLIN-
10 ICAL HEALTH CARE SERVICES BY MEANS OF REAL TIME TWO-WAY ELECTRONIC AUDIO
11 VISUAL COMMUNICATIONS WHICH FACILITATE THE ASSESSMENT, DIAGNOSIS,
12 CONSULTATION, TREATMENT, EDUCATION, CARE MANAGEMENT AND SELF MANAGEMENT
13 OF A PATIENT'S HEALTH CARE WHILE SUCH PATIENT IS AT THE ORIGINATING SITE
14 AND THE HEALTH CARE PROVIDER IS AT A DISTANT SITE.
15 S 2. Subsection (i) of section 3216 of the insurance law is amended by
16 adding a new paragraph 29 to read as follows:
17 (29) EVERY POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE WHICH
18 PROVIDES COVERAGE FOR HOSPITAL, MEDICAL OR SURGICAL CARE SHALL MAKE
19 AVAILABLE, AND IF REQUESTED BY A POLICY HOLDER, PROVIDE COVERAGE FOR
20 SERVICES WHICH ARE OTHERWISE COVERED UNDER THE POLICY THAT ARE PROVIDED
21 VIA TELEMEDICINE, AS DEFINED IN SECTION TWO OF THE PUBLIC HEALTH LAW,
22 PROVIDED THAT SUCH SERVICES MEET THE REQUIREMENTS OF FEDERAL LAW, RULES
23 AND REGULATIONS FOR MEDICARE, AND FOR THOSE TELEHEALTH SERVICES THAT ARE
24 REQUIRED TO BE PROVIDED PURSUANT TO SUBDIVISION THREE-C OF SECTION THIR-
25 TY-SIX HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW. SUCH COVERAGE
26 REQUIRED BY THIS PARAGRAPH MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND
27 COINSURANCE, AND OTHER TERMS AND CONDITIONS OF COVERAGE, INCLUDING, BUT
28 NOT LIMITED TO, UTILIZATION MANAGEMENT AND OTHER MANAGED CARE TOOLS, AS
29 ARE CONSISTENT WITH THOSE ESTABLISHED FOR THE SAME SERVICES WHEN NOT
30 PROVIDED VIA TELEMEDICINE OR TELEHEALTH.
31 S 3. Subsection (k) of section 3221 of the insurance law is amended by
32 adding a new paragraph 18 to read as follows:
33 (18) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
34 THIS STATE WHICH PROVIDES COVERAGE FOR HOSPITAL, MEDICAL OR SURGICAL
35 CARE SHALL MAKE AVAILABLE, AND IF REQUESTED BY THE GROUP POLICYHOLDER,
36 PROVIDE COVERAGE FOR SERVICES WHICH ARE OTHERWISE COVERED UNDER THE
37 POLICY THAT ARE PROVIDED VIA TELEMEDICINE, AS DEFINED IN SECTION TWO OF
38 THE PUBLIC HEALTH LAW, PROVIDED THAT SUCH SERVICES MEET THE REQUIREMENTS
39 OF FEDERAL LAW, RULES AND REGULATIONS FOR MEDICARE, AND FOR TELEHEALTH
40 SERVICES THAT ARE, AT A MINIMUM, THOSE REQUIRED TO BE PROVIDED PURSUANT
41 TO SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THE
42 PUBLIC HEALTH LAW. SUCH COVERAGE REQUIRED BY THIS PARAGRAPH MAY BE
43 SUBJECT TO ANNUAL DEDUCTIBLES AND COINSURANCE, AND OTHER TERMS AND
44 CONDITIONS OF COVERAGE, INCLUDING, BUT NOT LIMITED TO, UTILIZATION
45 MANAGEMENT AND OTHER MANAGED CARE TOOLS, AS ARE CONSISTENT WITH THOSE
46 ESTABLISHED FOR THE SAME SERVICES WHEN NOT PROVIDED VIA TELEMEDICINE OR
47 TELEHEALTH.
48 S 4. Paragraph 2 of subsection (a) of section 3229 of the insurance
49 law, as amended by chapter 659 of the laws of 1997, is amended to read
50 as follows:
51 (2) a home care benefit with personal care, nursing care, adult day
52 health care [and], respite care services, TELEMEDICINE SERVICES, AS
53 DEFINED IN SECTION TWO OF THE PUBLIC HEALTH LAW, PROVIDED THAT SUCH
54 TELEMEDICINE SERVICES ARE PURSUANT TO AN AGREEMENT BETWEEN A PROVIDER
55 PARTICIPATING IN THE INSURER'S NETWORK AND THE INSURER, AND MEET THE
56 REQUIREMENTS OF FEDERAL LAW, RULES AND REGULATIONS FOR MEDICARE, AND
S. 6969--A 3 A. 9833--A
1 THOSE TELEHEALTH SERVICES THAT ARE REQUIRED TO BE PROVIDED PURSUANT TO
2 SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THE PUBLIC
3 HEALTH LAW, which shall provide total benefits in an amount determined
4 by regulations of the superintendent;
5 S 5. Section 4303 of the insurance law is amended by adding a new
6 subsection (ii) to read as follows:
7 (II) EVERY CONTRACT ISSUED BY A MEDICAL EXPENSE INDEMNITY CORPORATION,
8 A HOSPITAL SERVICE CORPORATION OR A HEALTH SERVICE CORPORATION WHICH
9 PROVIDES COVERAGE FOR HOSPITAL, MEDICAL OR SURGICAL CARE SHALL MAKE
10 AVAILABLE, IF REQUESTED BY A CONTRACT HOLDER, PROVIDE COVERAGE FOR
11 SERVICES WHICH ARE OTHERWISE COVERED UNDER THE POLICY THAT ARE PROVIDED
12 VIA TELEMEDICINE, AS DEFINED IN SECTION TWO OF THE PUBLIC HEALTH LAW,
13 PROVIDED THAT SUCH SERVICES MEET THE REQUIREMENTS OF FEDERAL LAW, RULES
14 AND REGULATIONS FOR MEDICARE, AND FOR THOSE TELEHEALTH SERVICES THAT ARE
15 REQUIRED TO BE PROVIDED PURSUANT TO SUBDIVISION THREE-C OF SECTION THIR-
16 TY-SIX HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW. SUCH COVERAGE
17 REQUIRED BY THIS SUBSECTION MAY BE SUBJECT TO ANNUAL DEDUCTIBLES AND
18 COINSURANCE, AND OTHER TERMS AND CONDITIONS OF COVERAGE, INCLUDING, BUT
19 NOT LIMITED TO, UTILIZATION MANAGEMENT AND OTHER MANAGED CARE TOOLS, AS
20 ARE CONSISTENT WITH THOSE ESTABLISHED FOR THE SAME SERVICES WHEN NOT
21 PROVIDED VIA TELEMEDICINE OR TELEHEALTH.
22 S 6. The opening paragraph of section 367-u of the social services
23 law is designated subdivision 1 and a new subdivision 2 is added to read
24 as follows:
25 2. SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE COMMIS-
26 SIONER SHALL NOT EXCLUDE FROM THE PAYMENT OF MEDICAL ASSISTANCE FUNDS
27 THE PROVISION OF MEDICAL CARE THROUGH TELEMEDICINE SERVICES, AS DEFINED
28 IN SECTION TWO OF THE PUBLIC HEALTH LAW, PROVIDED THAT SUCH SERVICES
29 MEET THE REQUIREMENTS OF FEDERAL LAW, RULES AND REGULATIONS FOR THE
30 PROVISION OF MEDICAL ASSISTANCE PURSUANT TO THIS TITLE, AND FOR TELE-
31 HEALTH SERVICES THAT ARE, AT A MINIMUM, THOSE REQUIRED TO BE PROVIDED
32 PURSUANT TO SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN
33 OF THE PUBLIC HEALTH LAW.
34 S 7. This act shall take effect January 1, 2013 and shall apply to
35 all policies and contracts issued, renewed, modified, altered or amended
36 on or after such date.
