BILL NUMBER: S998
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to permitting
telemedicine services for mental and behavioral health issues under the
workers' compensation system
 
PURPOSE OR GENERAL IDEA OF BILL:
Permits telemedicine services for mental and behavioral health issues
under the workers' compensation system.
 
SUMMARY OF PROVISIONS:
Section 1. Adds subdivision 15 to section 13-m of the Workers' Compen-
sation Law to permit telehealth visits for psychological testing, treat-
ment, and counseling by psychiatrists, psychologists, and licensed clin-
ical social workers provided one in-person visit occurs within twelve
months of the first video telehealth visit and within six months of the
first audio-only telehealth visit unless (a) in the provider's profes-
sional judgment, an in-person visit is likely to cause disruption in
service delivery or has the potential to worsen the patient's condition,
or (b) would create undue hardship upon the patient or their family.
Section 2 is the effective date.
 
JUSTIFICATION:
This bill furthers the work done by the legislature in the SFY 2023
Budget in establishing telehealth parity for the provision of medical
services. Right now, injured workers, particularly those with mental or
behavioral health needs, face significant hurdles in obtaining treat-
ment. As has been highlighted since the COVID-19 pandemic, access to
medical care varies significantly depending on your location in New York
State. These barriers are complicated further by the limited number of
medical professionals who are licensed as eligible providers under the
workers compensation system. For treatment of mental and behavioral
health issues caused by workplace injuries, it is too often the reality
that the nearest licensed provider is hundreds of miles away, and an
injured worker utilizing the workers' compensation system may only
receive treatment from such a license provider.
This bill will allow injured workers to obtain their necessary treatment
via telemedicine while still requiring an in-person visit where appro-
priate. This will ensure the delivery of timely and quality medical
treatment to New Yorkers injured in the workplace regardless of where
they live.
 
LEGISLATIVE HISTORY:
2021-22: S9055 Referred to Labor.
2023-24: S1878 Referred to Labor.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.