Permits telemedicine services for mental and behavioral health issues under the workers' compensation system; permits one in-person visit within twelve months unless such in-person visit causes undue hardship on a patient.
STATE OF NEW YORK
________________________________________________________________________
1014
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. LUNSFORD, STECK, FAHY, SIMON, AUBRY, FORREST,
KELLES -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to permitting
telemedicine services for mental and behavioral health issues under
the workers' compensation system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13-m of the workers' compensation law is amended by
2 adding a new subdivision 15 to read as follows:
3 15. Telehealth visits for psychological testing, treatment and coun-
4 seling by psychiatrists, psychologists and licensed clinical social
5 workers shall be permitted with one in-person visit within twelve months
6 of the first video telehealth visit and within six months of the first
7 audio-only telehealth visit unless (a) in the provider's professional
8 judgment, an in-person visit service is likely to cause disruption in
9 service delivery or has the potential to worsen the patient's condition,
10 or (b) would create undue hardship upon the patient or their family. A
11 finding of undue burden shall include consideration of whether travel to
12 and from the in-person visit would cause undue financial burden or
13 unreasonable physical or mental distress.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01939-01-3
