N.Y. PBH Law § 2999-DD — New York Code / Act PBH / Article 29-G / Section 2999-DD
Telehealth delivery of services
Status: in_force

§ 2999-dd. Telehealth delivery of services. * 1. Health care services\ndelivered by means of telehealth shall be entitled to reimbursement\nunder section three hundred sixty-seven-u of the social services law on\nthe same basis, at the same rate, and to the same extent the equivalent\nservices, as may be defined in regulations promulgated by the\ncommissioner, are reimbursed when delivered in person; provided,\nhowever, that health care services delivered by means of telehealth\nshall not require reimbursement to a telehealth provider for certain\ncosts, including but not limited to facility fees or costs reimbursed\nthrough ambulatory patient groups or other clinic reimbursement\nmethodologies set forth in section twenty-eight hundred seven of this\nchapter, if such costs were not incurred in the provision of telehealth\nservices due to neither the originating site nor the distant site\noccurring within a facility or other clinic setting; and further\nprovided, however, reimbursement for additional modalities, provider\ncategories and originating sites specified in accordance with section\ntwenty-nine hundred ninety-nine-ee of this article, and audio-only\ntelephone communication defined in regulations promulgated pursuant to\nsubdivision four of section twenty-nine hundred ninety-nine-cc of this\narticle, shall be contingent upon federal financial participation.\nNotwithstanding the provisions of this subdivision, for services\nlicensed, certified or otherwise authorized pursuant to article sixteen,\narticle thirty-one or article thirty-two of the mental hygiene law, such\nservices provided by telehealth, as deemed appropriate by the relevant\ncommissioner, shall be reimbursed at the applicable in person rates or\nfees established by law, or otherwise established or certified by the\noffice for people with developmental disabilities, office of mental\nhealth, or the office of addiction services and supports pursuant to\narticle forty-three of the mental hygiene law.\n  * NB Effective until April 1, 2028\n  * 1. Health care services delivered by means of telehealth shall be\nentitled to reimbursement under section three hundred sixty-seven-u of\nthe social services law; provided however, reimbursement for additional\nmodalities, provider categories and originating sites specified in\naccordance with section twenty-nine hundred ninety-nine-ee of this\narticle, and audio-only telephone communication defined in regulations\npromulgated pursuant to subdivision four of section twenty-nine hundred\nninety-nine-cc of this article, shall be contingent upon federal\nfinancial participation.\n  * NB Effective April 1, 2028\n  2. The department of health, the office of mental health, the office\nof alcoholism and substance abuse services, and the office for people\nwith developmental disabilities shall coordinate on the issuance of a\nsingle guidance document, to be updated as appropriate, that shall: (a)\nidentify any differences in regulations or policies issued by the\nagencies, including with respect to reimbursement pursuant to section\nthree hundred sixty-seven-u of the social services law; and (b) be\ndesigned to assist consumers, providers, and health plans in\nunderstanding and facilitating the appropriate use of telehealth in\naddressing barriers to care.\n  3. (a) Dental telehealth services shall adhere to the standards of\nappropriate patient care required in other dental health care settings,\nincluding but not limited to appropriate patient examination, taking of\nx-rays, and review of a patient's medical and dental history. All dental\ntelehealth providers shall identify themselves to patients, including\nproviding the professional's New York state license number. No dental\ntelehealth provider shall attempt to waive liability for its telehealth\nservices in advance of delivering such telehealth services and no dental\ntelehealth provider shall attempt to prevent a patient from filing any\ncomplaint with any governmental agency or authority.\n  (b) This subdivision shall not be construed to diminish requirements\nfor other telehealth services.\n  4. Nothing in this article shall be deemed to allow any person to\nprovide any service for which a license, registration, certification or\nother authorization under title eight of the education law is required\nand which the person does not possess.\n