STATE OF NEW YORK ________________________________________________________________________ 2990--A 2021-2022 Regular Sessions IN SENATE January 26, 2021 ___________ Introduced by Sens. HARCKHAM, MAY -- 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 AN ACT to amend the public health law and the insurance law, in relation to requiring services provided by telehealth reimbursed at the same rate as an in-office visit 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 is amended by 2 adding a new subdivision 5 to read as follows: 3 5. Notwithstanding any provision of law to the contrary and pursuant 4 to regulations promulgated by the commissioner, telehealth services, as 5 defined by section twenty-nine hundred ninety-nine-cc of this article 6 and all regulations promulgated thereunder, including any additional 7 provider categories and originating sites specified in accordance with 8 section twenty-nine hundred ninety-nine-ee of this article, shall be 9 reimbursed at the same rate as an in-office visit. 10 § 2. Subsection (a) of section 3217-h of the insurance law, as added 11 by chapter 6 of the laws of 2015, is amended to read as follows: 12 (a) (1) An insurer shall not exclude from coverage a service that is 13 otherwise covered under a policy that provides comprehensive coverage 14 for hospital, medical or surgical care because the service is delivered 15 via telehealth, as that term is defined in subsection (b) of this 16 section; provided, however, that an insurer may exclude from coverage a 17 service by a health care provider where the provider is not otherwise 18 covered under the policy. An insurer may subject the coverage of a 19 service delivered via telehealth to co-payments, coinsurance or deduct- 20 ibles provided that they are at least as favorable to the insured as 21 those established for the same service when not delivered via tele- 22 health. An insurer may subject the coverage of a service delivered via EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02942-03-1S. 2990--A 2 1 telehealth to reasonable utilization management and quality assurance 2 requirements that are consistent with those established for the same 3 service when not delivered via telehealth. 4 (2) An insurer shall reimburse for a service that is otherwise covered 5 under a policy that provides comprehensive coverage for hospital, 6 medical or surgical care and is delivered via telehealth, as that term 7 is defined in subsection (b) of this section, on the same basis and at 8 the same rate as the insurer would apply to those services if the 9 services had been delivered in person. 10 § 3. Subsection (a) of section 4306-g of the insurance law, as added 11 by chapter 6 of the laws of 2015, is amended to read as follows: 12 (a) (1) A corporation shall not exclude from coverage a service that 13 is otherwise covered under a contract that provides comprehensive cover- 14 age for hospital, medical or surgical care because the service is deliv- 15 ered via telehealth, as that term is defined in subsection (b) of this 16 section; provided, however, that a corporation may exclude from coverage 17 a service by a health care provider where the provider is not otherwise 18 covered under the contract. A corporation may subject the coverage of a 19 service delivered via telehealth to co-payments, coinsurance or deduct- 20 ibles provided that they are at least as favorable to the insured as 21 those established for the same service when not delivered via tele- 22 health. A corporation may subject the coverage of a service delivered 23 via telehealth to reasonable utilization management and quality assur- 24 ance requirements that are consistent with those established for the 25 same service when not delivered via telehealth. 26 (2) A corporation shall reimburse for a service that is otherwise 27 covered under a policy that provides comprehensive coverage for hospi- 28 tal, medical or surgical care and is delivered via telehealth, as that 29 term is defined in subsection (b) of this section, on the same basis and 30 at the same rate as the insurer would apply to those services if the 31 services had been delivered in person. 32 § 4. This act shall take effect immediately.