2023 New York Laws › PBH - Public Health › Article 29-G - Telehealth Delivery of Services › 2999-DD - Telehealth Delivery of Services.

§  2999-dd. Telehealth delivery of services. * 1. Health care services
delivered by means of telehealth  shall  be  entitled  to  reimbursement
under  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 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  section
twenty-nine  hundred  ninety-nine-ee  of  this  article,  and audio-only
telephone communication defined in regulations promulgated  pursuant  to
subdivision  four  of 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 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  section  twenty-nine  hundred  ninety-nine-ee  of this
article, and audio-only telephone communication defined  in  regulations
promulgated  pursuant to subdivision four of 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  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.