Bill Text: NY S06664 | 2023-2024 | General Assembly | Introduced


Bill Title: Adds services delivered, to individuals with developmental disabilities and traumatic brain injury, through a facility licensed under article twenty-eight of the public health law, to the requirement that telehealth services be reimbursed at the applicable in person rates or fees regardless of the location of the patient or the clinician.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S06664 Detail]

Download: New_York-2023-S06664-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6664

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 3, 2023
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation to 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.  Subdivision 1 of section 2999-dd of the public health law,
     2  as amended by section 2 of part V of chapter 57 of the laws of 2022,  is
     3  amended to read as follows:
     4    1.  Health  care  services  delivered  by means of telehealth shall be
     5  entitled to reimbursement under section three hundred  sixty-seven-u  of
     6  the  social services law on the same basis, at the same rate, and to the
     7  same extent the equivalent services, as may be  defined  in  regulations
     8  promulgated  by  the  commissioner,  are  reimbursed  when  delivered in
     9  person; provided, however, that health care services delivered by  means
    10  of  telehealth  shall not require reimbursement to a telehealth provider
    11  for certain costs, including but not limited to facility fees  or  costs
    12  reimbursed  through ambulatory patient groups or other clinic reimburse-
    13  ment methodologies set forth in section twenty-eight  hundred  seven  of
    14  this  chapter, if such costs were not incurred in the provision of tele-
    15  health services due to neither the originating site nor the distant site
    16  occurring within  a  facility  or  other  clinic  setting;  and  further
    17  provided,  however,  reimbursement  for  additional modalities, provider
    18  categories and originating sites specified in  accordance  with  section
    19  twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
    20  phone  communication  defined  in  regulations  promulgated  pursuant to
    21  subdivision four of section twenty-nine hundred ninety-nine-cc  of  this
    22  article,  shall  be  contingent  upon  federal  financial participation.
    23  Notwithstanding  the  provisions  of  this  subdivision,  for   services
    24  licensed, certified or otherwise authorized pursuant to article sixteen,
    25  article  thirty-one or article thirty-two of the mental hygiene law, and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10741-01-3

        S. 6664                             2

     1  for any services delivered through a  facility  licensed  under  article
     2  twenty-eight of this chapter to eligible persons diagnosed with a devel-
     3  opmental  disability or a traumatic brain injury, such services provided
     4  by  telehealth[,  as  deemed  appropriate by the relevant commissioner,]
     5  shall be reimbursed at the applicable in person  rates  or  fees  estab-
     6  lished  by  law, or otherwise established or certified by the office for
     7  people with developmental disabilities, office of mental health, or  the
     8  office  of  addiction  services  and supports pursuant to article forty-
     9  three of the mental hygiene law.
    10    § 2. This act shall take effect immediately and  shall  be  deemed  to
    11  have  been in effect on and after April 1, 2023; provided, however, that
    12  the amendments to subdivision 1 of section 2999-dd of the public  health
    13  law  made  by section one of this act shall be subject to the expiration
    14  and reversion of  such  subdivision  and  shall  expire  and  be  deemed
    15  repealed therewith.
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