NY Pub Health L § 2999-CC (2021)
2021 New York Laws PBH - Public Health Article 29-G - Telehealth Delivery of Services 2999-CC - Definitions.

§  2999-cc.  Definitions. As used in this article, the following terms shall have the following meanings:   1. "Distant site" means a site  at  which  a  telehealth  provider  is located  while  delivering  health care services by means of telehealth. Any site within the United  States  or  United  States'  territories  is eligible to be a distant site for delivery and payment purposes.   2. "Telehealth provider" means:  (a) a physician licensed pursuant to article one hundred thirty-one of the education law;  (b)  a  physician  assistant  licensed pursuant to article one hundred thirty-one-B of the education law;  (c) a dentist licensed pursuant to article one hundred thirty-three of the education law;  (d) a nurse practitioner licensed  pursuant  to  article  one  hundred thirty-nine of the education law;  (e)  a  registered professional nurse licensed pursuant to article one hundred thirty-nine of  the  education  law  only  when  such  nurse  is receiving  patient-specific  health  information  or  medical  data at a distant site by means of remote patient monitoring;  (f) a podiatrist licensed pursuant to article one hundred forty-one of the education law;  (g)  an  optometrist  licensed  pursuant  to   article   one   hundred forty-three of the education law;  (h)   a   psychologist   licensed  pursuant  to  article  one  hundred fifty-three of the education law;  (i)  a  social  worker  licensed  pursuant  to  article  one   hundred fifty-four of the education law;  (j)  a speech language pathologist or audiologist licensed pursuant to article one hundred fifty-nine of the education law;  (k) a midwife licensed pursuant to article one hundred  forty  of  the education law;  (l)  a  physical  therapist  licensed  pursuant to article one hundred thirty-six of the education law;  (m) an occupational therapist licensed pursuant to article one hundred fifty-six of the education law;  (n) a person who is certified as a diabetes educator by  the  National Certification  Board  for  Diabetes  Educators,  or a successor national certification  board,  or  provided  by  such  a  professional  who   is affiliated   with   a   program   certified  by  the  American  Diabetes Association, the American Association of Diabetes Educators, the  Indian Health  Services,  or  any  other  national  accreditation  organization approved by the federal centers for medicare and medicaid services;  (o) a person who is certified as an asthma educator  by  the  National Asthma   Educator   Certification   Board,   or   a  successor  national certification board;  (p) a person who is certified as a genetic counselor by  the  American Board  of  Genetic  Counseling,  or  a  successor national certification board;  (q) a hospital as defined in article  twenty-eight  of  this  chapter, including  residential  health  care  facilities  serving  special needs populations;  (r) a home care services agency as defined in  article  thirty-six  of this chapter;  (s) a hospice as defined in article forty of this chapter;  (t)   credentialed   alcoholism   and   substance   abuse   counselors credentialed by the office of addiction services and supports  or  by  a credentialing  entity  approved by such office pursuant to section 19.07 of the mental hygiene law;  (u) providers authorized to provide services and service  coordination under  the early intervention program pursuant to article twenty-five of this chapter;  (v)  clinics licensed or certified under article sixteen of the mental hygiene law and certified and non-certified day and residential programs funded  or  operated  by  the  office  for  people  with   developmental disabilities;  (w)  a  care  manager  employed  by or under contract to a health home program,  patient  centered  medical  home,  office  for   people   with developmental disabilities Care Coordination Organization (CCO), hospice or  a  voluntary  foster care agency certified by the office of children and  family  services  certified  and  licensed  pursuant   to   article twenty-nine-i of this chapter;  (x)  certified  peer recovery advocate services providers certified by the commissioner of addiction services and supports pursuant to  section 19.18-b  of  the  mental hygiene law, peer providers credentialed by the commissioner of addiction services and supports and peers  certified  or credentialed by the office of mental health; and  (y)  any  other provider as determined by the commissioner pursuant to regulation  or,  in  consultation  with   the   commissioner,   by   the commissioner  of  the  office  of mental health, the commissioner of the office of addiction services and supports, or the  commissioner  of  the office   for   people   with   developmental  disabilities  pursuant  to regulation.   3. "Originating site" means a site at which a patient  is  located  at the  time  health  care services are delivered to him or her by means of telehealth.   4.  "Telehealth"  means  the  use  of   electronic   information   and communication  technologies  by  telehealth  providers to deliver health care  services,  which  shall   include   the   assessment,   diagnosis, consultation,    treatment,    education,    care    management   and/or self-management of a patient. Telehealth shall not include  delivery  of health  care  services  by  means  of  facsimile machines, or electronic messaging alone, though use of these technologies is  not  precluded  if used  in conjunction with telemedicine, store and forward technology, or remote patient monitoring. For  purposes  of  this  section,  telehealth shall  be  limited to telemedicine, store and forward technology, remote patient monitoring and audio-only telephone communication,  except  that with respect to the medical assistance program established under section three hundred sixty-six of the social services law, and the child health insurance plan under title one-A of article twenty-five of this chapter, telehealth  shall include audio-only telephone communication only to the extent defined in regulations as may be promulgated by the commissioner. This subdivision shall not preclude the delivery of health care services by means of "home telehealth" as  used  in  section  thirty-six  hundred fourteen of this chapter.   5.  "Telemedicine"  means  the  use of synchronous, two-way electronic audio visual communications to deliver clinical  health  care  services, which  shall  include  the  assessment,  diagnosis,  and  treatment of a patient, while such patient is at the originating site and a  telehealth provider is at a distant site.   6.  "Store  and forward technology" means the asynchronous, electronic transmission  of  a  patient's  health  information  in  the   form   of patient-specific  digital  images  and/or  pre-recorded  videos  from  a provider at an originating site to a telehealth provider  at  a  distant site.   7.  "Remote  patient  monitoring"  means  the  use  of  synchronous or asynchronous electronic information and  communication  technologies  to  collect  personal  health information and medical data from a patient at an originating site that is transmitted to a telehealth  provider  at  a distant  site  for  use  in  the  treatment  and  management  of medical conditions  that  require  frequent  monitoring.  Such  technologies may include additional interaction triggered by previous transmissions, such as interactive queries conducted through communication  technologies  or by  telephone.  Such  conditions  shall  include, but not be limited to, congestive  heart  failure,  diabetes,  chronic  obstructive   pulmonary disease,  wound  care,  polypharmacy, mental or behavioral problems, and technology-dependent care such as continuous  oxygen,  ventilator  care, total parenteral nutrition or enteral feeding. Remote patient monitoring shall be ordered by a physician licensed pursuant to article one hundred thirty-one  of the education law, a nurse practitioner licensed pursuant to article one hundred thirty-nine of the education law,  or  a  midwife licensed  pursuant  to  article  one hundred forty of the education law, with which the patient has a substantial and ongoing relationship.