N.Y. Public Health Law § 2999-cc: Definitions

§ 2999-cc. Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Distant site" means a site at which a telehealth provider is

located while delivering health care services by means of telehealth.

Any site within the United States or United States' territories is

eligible to be a distant site for delivery and payment purposes.

2. "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 section 19.07

of the mental hygiene law;

(u) providers authorized to provide services and service coordination

under the early intervention program pursuant to article twenty-five of

this chapter;

(v) clinics licensed or certified under article sixteen of the mental

hygiene law and certified and non-certified day and residential programs

funded or operated by the office for people with developmental

disabilities;

(w) a care manager employed by or under contract to a health home

program, patient centered medical home, office for people with

developmental disabilities Care Coordination Organization (CCO), hospice

or a voluntary foster care agency certified by the office of children

and family services certified and licensed pursuant to article

twenty-nine-i of this chapter;

* (x) certified peer recovery advocate services providers certified by

the commissioner of addiction services and supports pursuant to section

19.18-b of the mental hygiene law, peer providers credentialed by the

commissioner of addiction services and supports and peers certified or

credentialed by the office of mental health;

* NB Effective until April 1, 2028

* (x) certified peer recovery advocate services providers certified by

the commissioner of addiction services and supports pursuant to section

19.18-b of the mental hygiene law, peer providers credentialed by the

commissioner of addiction services and supports and peers certified or

credentialed by the office of mental health; and

* NB Effective April 1, 2028

* (y) a mental health practitioner licensed pursuant to article one

hundred sixty-three of the education law; and

* NB Effective until April 1, 2028

* (y) any other provider as determined by the commissioner pursuant to

regulation or, in consultation with the commissioner, by the

commissioner of the office of mental health, the commissioner of the

office of addiction services and supports, or the commissioner of the

office for people with developmental disabilities pursuant to

regulation.

* NB Effective April 1, 2028

* (z) any other provider as determined by the commissioner pursuant to

regulation or, in consultation with the commissioner, by the

commissioner of the office of mental health, the commissioner of the

office of addiction services and supports, or the commissioner of the

office for people with developmental disabilities pursuant to

regulation.

* NB Effective until April 1, 2028

3. "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.

4. "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. Telehealth shall not include delivery of

health care services by means of facsimile machines, or electronic

messaging alone, though use of these technologies is not precluded if

used in conjunction with telemedicine, store and forward technology, or

remote patient monitoring. For purposes of this section, telehealth

shall be limited to telemedicine, store and forward technology, remote

patient monitoring and audio-only telephone communication, except that

with respect to the medical assistance program established under section

three hundred sixty-six of the social services law, and the child health

insurance plan under title one-A of article twenty-five of this chapter,

telehealth shall include audio-only telephone communication only to the

extent defined in regulations as may be promulgated by the commissioner.

This subdivision shall not preclude the delivery of health care services

by means of "home telehealth" as used in section thirty-six hundred

fourteen of this chapter.

5. "Telemedicine" means the use of synchronous, two-way electronic

audio visual communications to deliver clinical health care services,

which shall include the assessment, diagnosis, and treatment of a

patient, while such patient is at the originating site and a telehealth

provider is at a distant site.

6. "Store and forward technology" means the asynchronous, electronic

transmission of a patient's health information in the form of

patient-specific digital images and/or pre-recorded videos from a

provider at an originating site to a telehealth provider at a distant

site.

7. "Remote patient monitoring" means the use of synchronous or

asynchronous electronic information and communication technologies to

collect personal health information and medical data from a patient at

an originating site that is transmitted to a telehealth provider at a

distant site for use in the treatment and management of medical

conditions that require frequent monitoring. Such technologies may

include additional interaction triggered by previous transmissions, such

as interactive queries conducted through communication technologies or

by telephone. Such conditions shall include, but not be limited to,

congestive heart failure, diabetes, chronic obstructive pulmonary

disease, wound care, polypharmacy, mental or behavioral problems, and

technology-dependent care such as continuous oxygen, ventilator care,

total parenteral nutrition or enteral feeding. Remote patient monitoring

shall be ordered by a physician licensed pursuant to article one hundred

thirty-one of the education law, a nurse practitioner licensed pursuant

to article one hundred thirty-nine of the education law, or a midwife

licensed pursuant to article one hundred forty of the education law,

with which the patient has a substantial and ongoing relationship.