BILL NUMBER: S2776A
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 public health law, 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 disabilities, mental health, and
substance use disorders respectively, are only reimbursed at the appli-
cable in-person rate if the service is explicitly authorized by the
Commissioners of the Office for People With Developmental 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 3 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 with the goal of increasing 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 Commissioners 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 inappropriate 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 lack of 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.
 
PRIOR LEGISLATIVE HISTORY:
2022: S9584
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect 60 days after it shall have become law.