Bill Text: NY S04959 | 2015-2016 | General Assembly | Introduced
Bill Title: Removes originating site restriction requirements for the purposes of administering telehealth and/or telemedicine services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S04959 Detail]
Download: New_York-2015-S04959-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4959 2015-2016 Regular Sessions I N S E N A T E April 24, 2015 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the insurance law, in relation to telehealth and telemedicine services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraphs (r) and (s) of subdivision 1 of section 2 of the 2 public health law, as added by chapter 550 of the laws of 2014, is 3 amended to read as follows: 4 (r) Telehealth. The term "telehealth" means delivering health care 5 services by means of information and communications technologies 6 consisting of telephones, remote patient monitoring devices or other 7 electronic means which facilitate the assessment, diagnosis, consulta- 8 tion, treatment, education, care management, INCLUDING MENTAL HEALTH 9 CARE AT OUTPATIENT CLINICS OR OASAS OUTPATIENT CLINICS and self manage- 10 ment of a patient's health care [while such patient is at the originat- 11 ing site and the health care provider is at a distant site]; consistent 12 with applicable federal law and regulations; unless the term is other- 13 wise defined by law with respect to the provision in which it is used. 14 (s) Telemedicine. The term "telemedicine" means the delivery of clin- 15 ical health care services by means of real time two-way electronic audio 16 visual communications, including the application of secure video confer- 17 encing or store and forward technology to provide or support healthcare 18 delivery, which facilitate the assessment, diagnosis, consultation, 19 treatment, education, care management, INCLUDING MENTAL HEALTH CARE AT 20 OUTPATIENT CLINICS OR OASAS OUTPATIENT CLINICS and self management of a 21 patient's health care [while such patient is at the originating site and 22 the health care provider is at a distant site]; consistent with applica- 23 ble federal law and regulations; unless the term is otherwise defined by 24 law with respect to the provision in which it is used. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08668-01-5 S. 4959 2 1 S 2. Paragraph 30 of subsection (i) of section 3216 of the insurance 2 law, as added by chapter 550 of the laws of 2014, is amended to read as 3 follows: 4 (30) Every policy delivered or issued for delivery in this state which 5 provides comprehensive coverage for hospital, medical or surgical care 6 shall make available and, if requested by a policy holder, provide 7 coverage for services which are otherwise covered under the policy that 8 are provided (A) via telemedicine, as defined in section two of the 9 public health law, provided that such services meet the requirements of 10 federal law, rules and regulations for Medicare [(other than any origi- 11 nating site restriction requirements)]; or (B) telehealth services, as 12 defined in section two of the public health law, provided that such 13 services are consistent with subdivision three-c of section thirty-six 14 hundred fourteen of the public health law. The provider of such services 15 shall meet the terms and conditions (to the extent not inconsistent with 16 this paragraph) of his or her contract with the insurer. Such coverage 17 required by this paragraph 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 3. Paragraph 19 of subsection (k) of section 3221 of the insurance 23 law, as added by chapter 550 of the laws of 2014, is amended to read as 24 follows: 25 (19) Every group or blanket policy delivered or issued for delivery in 26 this state which provides comprehensive coverage for hospital, medical 27 or surgical care shall make available and, if requested by the group 28 policyholder, provide coverage for services which are otherwise covered 29 under the policy that are provided (A) via telemedicine, as defined in 30 section two of the public health law, provided that such services meet 31 the requirements of federal law, rules and regulations for Medicare 32 [(other than any originating site restriction requirements)]; or (B) 33 telehealth services, as defined in section two of the public health law, 34 provided that such services are consistent with subdivision three-c of 35 section thirty-six hundred fourteen of the public health law. The 36 provider of such services shall meet the terms and conditions (to the 37 extent not inconsistent with this paragraph) of his or her contract with 38 the insurer. Such coverage required by this paragraph may be subject to 39 annual deductibles and coinsurance, and other terms and conditions of 40 coverage, including, but not limited to, utilization management and 41 other managed care tools, as are consistent with those established for 42 the same services when not provided via telemedicine or telehealth. 43 S 4. Subsection (oo) of section 4303 of the insurance law, as added by 44 chapter 550 of the laws of 2014, is amended to read as follows: 45 (oo) Every contract issued by a medical expense indemnity corporation, 46 a hospital service corporation or a health service corporation which 47 provides comprehensive coverage for hospital, medical or surgical care 48 shall make available and, if requested by a contract holder, provide 49 coverage for services which are otherwise covered under the policy that 50 are provided (1) via telemedicine, as defined in section two of the 51 public health law, provided that such services meet the requirements of 52 federal law, rules and regulations for Medicare [(other than any origi- 53 nating site restriction requirements)]; or (2) telehealth services, as 54 defined in section two of the public health law, provided that such 55 services are consistent with subdivision three-c of section thirty-six 56 hundred fourteen of the public health law. The provider of such services S. 4959 3 1 shall meet the terms and conditions (to the extent not inconsistent with 2 this subsection) of his or her contract with the insurer. Such coverage 3 required by this subsection may be subject to annual deductibles and 4 coinsurance, and other terms and conditions of coverage, including, but 5 not limited to, utilization management and other managed care tools, as 6 are consistent with those established for the same services when not 7 provided via telemedicine or telehealth. 8 S 5. Paragraph (d) of subdivision 1 of section 2805-u of the public 9 health law, as added by chapter 390 of the laws of 2012, is amended to 10 read as follows: 11 (d) "Telemedicine" means the delivery of clinical health care services 12 by means of real time two-way electronic audio-visual communications 13 which facilitate the assessment, diagnosis, consultation, treatment, 14 education, care management, INCLUDING MENTAL HEALTH CARE AT OUTPATIENT 15 CLINICS OR OASAS OUTPATIENT CLINICS and self management of a patient's 16 health care [while such patient is at the originating site and the 17 health care provider is at a distant site]. 18 S 6. This act shall take effect on the sixtieth day after it shall 19 have become a law.