BILL NUMBER: S354
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to expanding health-
care services provided by telehealth
 
PURPOSE:
To expand healthcare services provided by telehealth.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Section 2999-d of the Public Health Law, as it relates
to establishing guidelines for reimbursement rates for certain services
delivered by telehealth. Generally, telehealth services are entitled to
reimbursement at parity to reimbursement provided for in-person
services. However, telehealth services provided by articles 16, 31, or
32, which provide services for individuals with developmental disabili-
ties, mental health, and substance use disorders respectively, are only
reimbursed at the applicable in-person rate if the service is explicitly
authorized by the Commissioners of the Office for People With Develop-
mental Disabilities (OPWDD), the Office of Mental Health (OMH), or the
Office of Addiction Services and Supports (OASAS) respectively. This
bill would create a general presumptive reimbursement at parity for all
telehealth services provided through these facilities unless a specific
service is deemed inappropriate by the relevant commissioner.
Section 2 establishes an effective date of 60 days following enactment.
 
JUSTIFICATION:
Healthcare services delivered through telehealth address non-urgent care
or routine management of medical or psychiatric conditions. Telehealth
has played an important role in addressing certain conditions as people
often feel more comfortable receiving services from home. Recently, we
have seen a surge in demand for services related to mental health and
substance use disorders, inundating the provider community. This bill
will help to incentivize providers operating in that space to provide
services through telehealth to increase access to care for individuals
seeking such services. The bill would create a general presumption that
these services are reimbursed at parity unless the respective Commis-
sioners of the Office for People With Developmental Disabilities
(OPWDD), the Office of Mental Health (OMH), or the Office of Addiction
Services and Supports (OASAS) determine that telehealth is an inappro-
priate modality for a specific service.
Prior to COVID-19, the use of telehealth was relatively minimal. Since
the start of the pandemic, the use of telehealth services has grown
rapidly as a format to help maintain social distancing and improve the
ability of providers to deliver services. However, with the rise of
telehealth utilization, there has been a need for uniform coverage poli-
cies across insurers and states. This bill will ensure that telehealth
services will continue to be provided with the support of appropriate
reimbursement rates.-a
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S2776-A Rivera/A4940-A Woemer 2022:
S9584 Rivera/No same as
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect 60 days after it shall have become law.

Statutes affected:
S354: 2999-dd public health law, 2999-dd(1) public health law