Relates to establishing the New York state telehealth/telemedicine act

Summary of specific provisions

This legislation would add a new article 27-M to the public health law, creating the "New York State telehealth/telemedicine act."

Section 2799-u establishes a telehealth/telemedicine development program to coordinate and focus state administrative responsibilities and plan- ning efforts relative to telehealth & telemedicine. This would involve the submission of an annual plan to the governor and legislature to include necessary recommendations for legislation, regulatory or budget- ary support; the identification of barriers to the provision of an access to telehealth/telemedicine; an overview of relevant research being conduction.

The commissioner is also charged with identifying standards from the American Telemedicine Association, the Federal Food and Drug Adminis- tration, the public health law, the education law and other generally recognized standard setting or accrediting sources as the commissioner may determine necessary to ensure appropriate safeguards for the use of telehealth/telemedicine services are in place

Section 2799-v authorizes funding and grants for eligible providers for the development of telehealth/telemedicine services in underserved geographic areas in the state, and where it is determined that the implementation of such telehealth\telemedicine services would improve patient access and quality of care.

Section 2799-w directs the health commissioner to promote and support clinical and programmatic research to develop effective and efficient application of telehealth/telemedicine methods. It also authorizes the commissioner to apply for governmental and philanthropic grants.

This legislation also amends the public health law to provide for the capital reimbursement for telehealth and telemedicine expenditures. It also creates the New York state telehealth/telemedicine development and research grant fund.

The effective date is immediately upon enactment.

Justification

One measure of a community's quality of life is the availability, acces- sibility and quality of its health care services. The Internet and other electronic technologies have the potential to fundamentally reshape health care service delivery in ways that improve quality of and access to care in a cost-efficient manner. Technology can bring cutting-edge health care to any location, help reduce and prevent medication errors and enhance information about state-of-the-art health care. Large segments of New York's population in rural and other medically under- served areas have difficulty accessing primary health care and specialty services as well as health education. Providers in these communities are often isolated from mentors, colleagues and information necessary to provide optimal patient care.

The proven potential of telehealth/telemedicine to both provide primary care access to underserved populations, as well as reduce hospitaliza- tions of patients suffering from chronic disease, through the use of home care, warrants an increased focus on the application of such tech- nology in our health care system.

The purpose of this bill is to serve as catalyst to expand and improve telehealth and telemedicine programs in communities across the State, through adoption of a state policy to direct telemedicine/telehealth health services in New York. Through an integrated telecommunications system, patients and providers across the continuum of care can have increased access to medical treatment and state-of the-art health care, as well as educational and professional training opportunities.

Congress has recognized these benefits in authorizing Medicare reimbursement for telemedicine services. However, the issues are more complex at the state level because each state has the authority to set its own requirements for licensure and credentialing, as well as differ- ent rules for insurance and Medicaid programs.

It is well established that New York spends far more on Medicaid expenses than any other state, per capita. The legislature must seek long-term solutions that look to maintain quality of care, while lower- ing the utilization of non-ambulatory health care services that increase cost borne by our taxpayers. Breaking down the geographic barriers between patients and providers through telecommunications must lie at the heart of this effort.

Prior legislative history

New legislation; similar legislation (A.1766-A of 2009) creating a telehealth/telemedicine task force passed the Assembly in 2009.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.