Provides for the delivery and insurance coverage of telehealth services by means of home care services

1 Co-sponsor

• Joseph E. Robach

BILL NUMBER:S5852

Title of bill

An act to amend the public health law and the insurance law, in relation to the provision of telehealth services

Purpose or general idea of bill

To make clarifications to chapter 6 of the laws of 2015 and to expand access to telehealth under long term care insurances plans

Summary of specific provisions

Section one makes amendments to the newly enacted definition of telehealth under the public health law to clarify that: 1) the new law is not intended to interfere with the longstanding home telehealth provisions under article 36 of the public health law, and 2) home care services will continue to be delivered via telehealth by providers that are licensed or certified by the state as home care providers, or that are otherwise exempt from licensure (e.g., physicians).

Sections two and four create telehealth parity within long term care insurance policies, similar to the telehealth provisions enacted by chapter 6 for hospital, medical, and surgical care policies.

Sections three, five, and six amend the insurance law and public health law coverage provisions for telehealth enacted by chapter 6, clarifying that remote patient monitoring provided via telehealth conducted by a home care agency is not a "visit" subject to "on-site visit" limits that might otherwise be contained in a policy.

Section 7 establishes that the effective date for the bill shall be on the same date and in the same manner as chapter 6 of the laws of 2015 takes effect.

Justification

Chapter 6 of the laws of 2015, enacted earlier this year, is a landmark law that increases access to health services delivered via telehealth. Under this new law, services that are otherwise covered under a private insurance policy may not be excluded solely because the service is provided via telehealth, and coverage of health care services delivered via telehealth is now, for the first time, enunciated under Medicaid provisions. Telehealth continues to emerge as an important method of monitoring, managing, and improving patient health, and increases access to care in remote or otherwise difficult to serve areas.

Prior to the passage of chapter 6, the home care industry has been actively providing telehealth services throughout the State, pursuant to a 2007 telehealth statute that has been a national benchmark in telehealth. It was the intent of chapter 6 of the laws of 2015, and continues to be the intent of this legislation, that home telehealth provisions under article 36 not be precluded or limited in any way, and be supported and allowed to continue to flourish, to remain vital

and relevant within the spectrum of health care services offered within New York State.

To this end, the instant legislation contains a series of clarifications and complementary provisions in furtherance of the intent of Chapter 6. It further clarifies that: the new telehealth provisions shall not preclude or limit the delivery of home care services under article 36 of the public health law; article 36-defined home care services delivered via telehealth will continue to be delivered by either article 36-licensed or exempt providers; and home care telehealth provided via remote patient monitoring will not be counted against any "on-site visit" limits that a policy might contain. The legislation also mirrors within long term care policies, the same telehealth parity coverage as chapter 6 provides for regular hospital, medical, and surgical policies.

Prior legislative history

Amends Chapter 6 of 2015.

Fiscal implications

None. Contributes to cost-efficiency of the health care system.

Effective date

The bill takes effect on the same date (January 1, 2016) and in the same manner as chapter 6 of 2015.