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A07316 Summary:

BILL NOA07316
 
SAME ASSAME AS S06733
 
SPONSORPaulin
 
COSPNSRSimon, McDonald, Blankenbush, Burdick, Rivera, Simone, Rozic, Raga, Bronson, Ardila, Dickens, Shimsky, Steck, Shrestha, Mamdani, Fahy
 
MLTSPNSR
 
Amd 2999-dd, Pub Health L; amd Part V 7, Chap 57 of 2022
 
Expands health care services provided by telehealth to include services delivered through a facility licensed under article twenty-eight of the public health law that is eligible to be designated or has received a designation as a federally qualified health center, including those facilities that are also licensed under article thirty-one or article thirty-two of the mental hygiene law.
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A07316 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7316
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 17, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health
 
        AN  ACT  to amend the public health law, in relation to expanding health
          care services provided by telehealth; and to amend part V  of  chapter
          57  of the laws of 2022, amending the public health law and the insur-
          ance  law  relating  to  reimbursement  for  commercial  and  Medicaid
          services  provided  via  telehealth,  in relation to the effectiveness
          thereof
 
          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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11157-01-3

        A. 7316                             2
 
     1  article,  shall  be  contingent  upon  federal  financial participation.
     2  Notwithstanding  the  provisions  of  this  subdivision,  for   services
     3  licensed, certified or otherwise authorized pursuant to article sixteen,
     4  article  thirty-one or article thirty-two of the mental hygiene law, and
     5  for any services delivered through a  facility  licensed  under  article
     6  twenty-eight  of  this  chapter that is eligible to be designated or has
     7  received a designation as a federally qualified health center in accord-
     8  ance with 42 USC § 1396a(aa), as amended, or any successor law  thereto,
     9  including  those facilities that are also licensed under article thirty-
    10  one or article thirty-two of  the  mental  hygiene  law,  such  services
    11  provided  by  telehealth[, as deemed appropriate by the relevant commis-
    12  sioner,] shall be reimbursed at the applicable in person rates  or  fees
    13  established  by law, or otherwise established or certified by the office
    14  for people with developmental disabilities, office of mental health,  or
    15  the  office  of  addiction  services  and  supports  pursuant to article
    16  forty-three of the mental hygiene law.
    17    § 2.  Section 7 of part V of chapter 57 of the laws of 2022,  amending
    18  the  public  health  law and the insurance law relating to reimbursement
    19  for commercial and Medicaid services provided via telehealth, is amended
    20  to read as follows:
    21    § 7. This act shall take effect immediately and  shall  be  deemed  to
    22  have been in full force and effect on and after April 1, 2022; provided,
    23  however, this act shall expire and be deemed repealed on and after April
    24  1, [2024] 2026.
    25    §  3.  This  act shall take effect immediately; provided however, that
    26  the provisions of section one of this act shall  take  effect  April  1,
    27  2024; provided further, however, that the amendments to subdivision 1 of
    28  section 2999-dd of the public health law made by section one of this act
    29  shall not affect the expiration of such subdivision and shall expire and
    30  be deemed repealed therewith.
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