Bill Text: NY S00834 | 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 (Republican 2-0)

Status: (Introduced - Dead) 2018-01-26 - PRINT NUMBER 834A [S00834 Detail]

Download: New_York-2017-S00834-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         834--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 5, 2017
                                       ___________
        Introduced  by  Sens.  YOUNG, RITCHIE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health --  recom-
          mitted  to  the  Committee on Health in accordance with Senate Rule 6,
          sec. 8 -- 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
    22  they are at least as favorable to the insured as those  established  for
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06234-04-8

        S. 834--A                           2
     1  the  same  service  when  not  delivered  via telehealth. An insurer may
     2  subject the coverage of a service delivered via telehealth to reasonable
     3  utilization management  and  quality  assurance  requirements  that  are
     4  consistent  with  those established for the same service when not deliv-
     5  ered via telehealth.
     6    § 3. Subsection (a) of section 4306-g of the insurance law,  as  added
     7  by chapter 6 of the laws of 2015, is amended to read as follows:
     8    (a)  A  corporation  shall not exclude from coverage a service that is
     9  otherwise covered under a contract that provides comprehensive  coverage
    10  for  hospital, medical or surgical care because the service is delivered
    11  via telehealth, as that term  is  defined  in  subsection  (b)  of  this
    12  section; provided, however, that a corporation may exclude from coverage
    13  a  service by a health care provider where the provider is not otherwise
    14  covered under the contract.   A corporation shall  reimburse  the  tele-
    15  health  provider  for  covered  services delivered via telehealth on the
    16  same basis and at the same rate as established for the same service when
    17  not delivered via telehealth; and may subject the coverage of a  service
    18  delivered  via  telehealth  to  co-payments,  coinsurance or deductibles
    19  provided that they are at least as favorable to  the  insured  as  those
    20  established  for  the  same service when not delivered via telehealth. A
    21  corporation may subject the coverage of a service  delivered  via  tele-
    22  health  to  reasonable  utilization  management  and  quality  assurance
    23  requirements that are consistent with those  established  for  the  same
    24  service when not delivered via telehealth.
    25    §  4.  Subdivision  1  of  section 4406-g of the public health law, as
    26  added by chapter 6 of the laws of 2015, is amended to read as follows:
    27    1. A health maintenance organization shall not exclude from coverage a
    28  service that is otherwise covered under an enrollee contract of a health
    29  maintenance organization because the  service  is  delivered  via  tele-
    30  health,  as  that  term  is  defined in subdivision two of this section;
    31  provided, however, that a health maintenance  organization  may  exclude
    32  from  coverage a service by a health care provider where the provider is
    33  not otherwise covered under the enrollee contract.  A health maintenance
    34  organization  shall  reimburse  the  telehealth  provider  for   covered
    35  services delivered via telehealth on the same basis and at the same rate
    36  as  established  for the same service when not delivered via telehealth;
    37  and may subject the coverage of a service delivered  via  telehealth  to
    38  co-payments,  coinsurance or deductibles provided that they are at least
    39  as favorable to the enrollee as those established for the  same  service
    40  when not delivered via telehealth. A health maintenance organization may
    41  subject the coverage of a service delivered via telehealth to reasonable
    42  utilization  management  and  quality  assurance  requirements  that are
    43  consistent with those established for the same service when  not  deliv-
    44  ered via telehealth.
    45    §  5.  This  act  shall take effect immediately and shall apply to all
    46  policies and contracts issued, renewed, modified, altered or amended  on
    47  or after January 1, 2018.
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