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 section three hundred sixty-seven-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.

* NB Effective until April 1, 2028

* 1. Health care services delivered by means of telehealth shall be

entitled to reimbursement under section three hundred sixty-seven-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, 2028

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 section

three hundred sixty-seven-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.