Relates to establishing the New York state telehealth/telemedicine act

Section 2799-u establishes a telehealth/telemedicine development program to coordinate and focus state administrative responsibilities and planning 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 budgetary 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 Administration, 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 expenditeres. It also creates the New York state telehealth/telemedicine development and research grant fund.

Justification

One measure of a community's quality of life is the availability, accessibility 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 hospitalizations of patients suffering from chronic disease, through the use of home care, warrants an increased focus on the application of such technology 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 different 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 lowering 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

Similar legislation (A.1766-A of 2009) creating a telehealth/telemedicine task force passed the Assembly in 2009. Introduced in 2009 as S.3918. S.652 of 2011-12. S.4023B of 2013-14

Fiscal implications

To be determined.

Effective date

Immediately, provided that section three shall take effect the first of April succeeding the date on which this act shall become law.