2023 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;
* NB Effective until April 1, 2026
* (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
* NB Effective April 1, 2026
* (y)  a  mental  health practitioner licensed pursuant to article one
hundred sixty-three of the education law; and
* NB Effective until April 1, 2026
* (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.
* NB Effective April 1, 2026
* (z) 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.
* NB Effective until April 1, 2026
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.