N.Y. Public Health Law Section 2999-DD
Telehealth delivery of services

* 1. Health care services delivered by means of telehealth shall be entitled to reimbursement under Social Services Law § 367-U (Payment for home telehealth services)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 § 2807 (Hospital reimbursement provisions)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 § 2999-EE (Increased application of telehealth)section twenty-nine hundred ninety-nine-ee of this article, and audio-only telephone communication defined in regulations promulgated pursuant to subdivision four of § 2999-CC (Definitions)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, 2026 * 1. Health care services delivered by means of telehealth shall be entitled to reimbursement under Social Services Law § 367-U (Payment for home telehealth services)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 § 2999-EE (Increased application of telehealth)section twenty-nine hundred ninety-nine-ee of this article, and audio-only telephone communication defined in regulations promulgated pursuant to subdivision four of § 2999-CC (Definitions)section twenty-nine hundred ninety-nine-cc of this article, shall be contingent upon federal financial participation. * NB Effective April 1, 2026 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 Social Services Law § 367-U (Payment for home telehealth services)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.

Source: Section 2999-DD — Telehealth delivery of services, https://www.­nysenate.­gov/legislation/laws/PBH/2999-DD (updated Apr. 26, 2024; accessed Oct. 26, 2024).

Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Apr. 26, 2024

§ 2999-DD’s source at nysenate​.gov

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