N.Y. Public Health Law 2999-DD – Telehealth delivery of services
§ 2999-dd. Telehealth delivery of services. * 1. Health care services delivered by means of telehealth shall be entitled to reimbursement under § 367-u of the social services law on the same basis, at the same rate, and to the same extent the equivalent services, as may be defined in regulations promulgated by the commissioner, are reimbursed when delivered in person; provided, however, that health care services delivered by means of telehealth shall not require reimbursement to a telehealth provider for certain costs, including but not limited to facility fees or costs reimbursed through ambulatory patient groups or other clinic reimbursement methodologies set forth in section twenty-eight hundred seven of this chapter, if such costs were not incurred in the provision of telehealth services due to neither the originating site nor the distant site occurring within a facility or other clinic setting; and further provided, however, reimbursement for additional modalities, provider categories and originating sites specified in accordance with section twenty-nine hundred ninety-nine-ee of this article, and audio-only telephone communication defined in regulations promulgated pursuant to subdivision four of section twenty-nine hundred ninety-nine-cc of this article, shall be contingent upon federal financial participation. Notwithstanding the provisions of this subdivision, for services licensed, certified or otherwise authorized pursuant to article sixteen, Article thirty-one or article thirty-two of the mental hygiene law, such services provided by telehealth, as deemed appropriate by the relevant commissioner, shall be reimbursed at the applicable in person rates or fees established by law, or otherwise established or certified by the office for people with developmental disabilities, office of mental health, or the office of addiction services and supports pursuant to Article forty-three of the mental hygiene law.
Terms Used In N.Y. Public Health Law 2999-DD
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Distant site: means a site at which a telehealth provider is located while delivering health care services by means of telehealth. See N.Y. Public Health Law 2999-CC
- Originating site: means a site at which a patient is located at the time health care services are delivered to him or her by means of telehealth. See N.Y. Public Health Law 2999-CC
- Telehealth: means the use of electronic information and communication technologies by telehealth providers to deliver health care services, which shall include the assessment, diagnosis, consultation, treatment, education, care management and/or self-management of a patient. See N.Y. Public Health Law 2999-CC
- Telehealth provider: means :
(a) a physician licensed pursuant to Article one hundred thirty-one of the education law;
(b) a physician assistant licensed pursuant to Article one hundred thirty-one-B of the education law;
(c) a dentist licensed pursuant to Article one hundred thirty-three of the education law;
(d) a nurse practitioner licensed pursuant to Article one hundred thirty-nine of the education law;
(e) a registered professional nurse licensed pursuant to Article one hundred thirty-nine of the education law only when such nurse is receiving patient-specific health information or medical data at a distant site by means of remote patient monitoring;
(f) a podiatrist licensed pursuant to Article one hundred forty-one of the education law;
(g) an optometrist licensed pursuant to Article one hundred forty-three of the education law;
(h) a psychologist licensed pursuant to Article one hundred fifty-three of the education law;
(i) a social worker licensed pursuant to Article one hundred fifty-four of the education law;
(j) a speech language pathologist or audiologist licensed pursuant to Article one hundred fifty-nine of the education law;
(k) a midwife licensed pursuant to Article one hundred forty of the education law;
(l) a physical therapist licensed pursuant to Article one hundred thirty-six of the education law;
(m) an occupational therapist licensed pursuant to Article one hundred fifty-six of the education law;
(n) a person who is certified as a diabetes educator by the National Certification Board for Diabetes Educators, or a successor national certification board, or provided by such a professional who is affiliated with a program certified by the American Diabetes Association, the American Association of Diabetes Educators, the Indian Health Services, or any other national accreditation organization approved by the federal centers for medicare and medicaid services;
(o) a person who is certified as an asthma educator by the National Asthma Educator Certification Board, or a successor national certification board;
(p) a person who is certified as a genetic counselor by the American Board of Genetic Counseling, or a successor national certification board;
(q) a hospital as defined in article twenty-eight of this chapter, including residential health care facilities serving special needs populations;
(r) a home care services agency as defined in article thirty-six of this chapter;
(s) a hospice as defined in article forty of this chapter;
(t) credentialed alcoholism and substance abuse counselors credentialed by the office of addiction services and supports or by a credentialing entity approved by such office pursuant to § 19. See N.Y. Public Health Law 2999-CC
* NB Effective until April 1, 2024
* 1. Health care services delivered by means of telehealth shall be entitled to reimbursement under § 367-u of the social services law; provided however, reimbursement for additional modalities, provider categories and originating sites specified in accordance with section twenty-nine hundred ninety-nine-ee of this article, and audio-only telephone communication defined in regulations promulgated pursuant to subdivision four of section twenty-nine hundred ninety-nine-cc of this article, shall be contingent upon federal financial participation.
* NB Effective April 1, 2024
2. The department of health, the office of mental health, the office of alcoholism and substance abuse services, and the office for people with developmental disabilities shall coordinate on the issuance of a single guidance document, to be updated as appropriate, that shall: (a) identify any differences in regulations or policies issued by the agencies, including with respect to reimbursement pursuant to § 367-u of the social services law; and (b) be designed to assist consumers, providers, and health plans in understanding and facilitating the appropriate use of telehealth in addressing barriers to care.
3. (a) Dental telehealth services shall adhere to the standards of appropriate patient care required in other dental health care settings, including but not limited to appropriate patient examination, taking of x-rays, and review of a patient's medical and dental history. All dental telehealth providers shall identify themselves to patients, including providing the professional's New York state license number. No dental telehealth provider shall attempt to waive liability for its telehealth services in advance of delivering such telehealth services and no dental telehealth provider shall attempt to prevent a patient from filing any complaint with any governmental agency or authority.
(b) This subdivision shall not be construed to diminish requirements for other telehealth services.
4. Nothing in this article shall be deemed to allow any person to provide any service for which a license, registration, certification or other authorization under title eight of the education law is required and which the person does not possess.