What's happening
This bill amends insurance and workers' compensation laws to require coverage for health care services delivered via telehealth.
Why it matters
Expands access to care. By requiring insurance and workers' compensation to cover telehealth services, the bill makes it easier for patients—especially those in rural or underserved areas—to access healthcare without needing to travel.
Levels the playing field for telehealth. Mandating coverage for telehealth means that virtual visits must be treated the same as in-person services for reimbursement, which helps legitimize and normalize telemedicine as a standard part of healthcare delivery.
Potential cost and efficiency impacts. Increased telehealth use could lower healthcare costs by reducing unnecessary emergency room visits and allowing for earlier intervention, but it may also shift utilization patterns and require new oversight to ensure quality of care.
Implications for employers and providers. Employers and healthcare providers will need to adapt to new requirements, potentially investing in telehealth infrastructure and updating protocols to comply with expanded coverage rules.
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Who cares
People injured in motor vehicle accidents
The bill would include telehealth services among necessary health care expenses counted toward basic economic loss under no-fault coverage, subject to existing limits.
Injured workers
The bill would expressly include telehealth services among treatment expenses payable by employers under workers’ compensation.
Employers
The bill would make employers liable for telehealth expenses for injured employees for as long as the injury or recovery requires.
No-fault auto insurers
The bill would add telehealth services to the health care expenses covered by motor vehicle reparations, subject to existing statutory limitations.
Headline styles
Cover Telehealth for Injuries
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
879
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law and the workers' compensation law, in relation to coverage of health care services by means of telehealth
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 1 of subsection (a) of section 5102 of the insurance law, as amended by chapter 298 of the laws of 2006, is amended to read as follows:
(1) All necessary expenses incurred for: (i) medical, hospital (including services rendered in compliance with article forty-one of the public health law, whether or not such services are rendered directly by a hospital), surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical therapy (provided that treatment is rendered pursuant to a referral) and occupational therapy and rehabilitation; (iii) any health care services delivered by means of telehealth, as defined in subsection (b) of section three thousand two hundred seventeen-h of this chapter; (iv) any nonmedical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this state; and [(iv)] (v) any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertainable that further expenses may be incurred as a result of the injury. For the purpose of determining basic economic loss, the expenses incurred under this paragraph shall be in accordance with the limitations of section five thousand one hundred eight of this article.
§ 2. The opening paragraph of subdivision (a) of section 13 of the workers' compensation law, as amended by chapter 23 of the laws of 2016, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04129-01-9
S. 879 2
The employer shall promptly provide for an injured employee such medical, dental, surgical, optometric or other attendance or treatment, nurse and hospital service, medicine, optometric services, crutches, eye-glasses, false teeth, artificial eyes, orthotics, prosthetic devices, functional assistive and adaptive devices and apparatus for such period as the nature of the injury or the process of recovery may require. The employer shall be liable for the payment of the expenses of medical, dental, surgical, optometric or other attendance or treatment, nurse and hospital service, any health care services delivered by means of telehealth, as defined in subsection (b) of section three thousand two hundred seventeen-h of the insurance law, medicine, optometric services, crutches, eye-glasses, false teeth, artificial eyes, orthotics, prosthetic devices, functional assistive and adaptive devices and apparatus, as well as artificial members of the body or other devices or appliances necessary in the first instance to replace, support or relieve a portion or part of the body resulting from and necessitated by the injury of an employee, for such period as the nature of the injury or the process of recovery may require, and the employer shall also be liable for replacements or repairs of such artificial members of the body or such other devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthetic devices, functional assistive and adaptive devices or appliances necessitated by ordinary wear or loss or damage to a prosthesis, with or without bodily injury to the employee. Damage to or loss of a prosthetic device shall be deemed an injury except that no disability benefits shall be payable with respect to such injury under section fifteen of this article. Such a replacement or repair of artificial members of the body or such other devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthetic devices, functional assistive and adaptive devices or appliances or the providing of medical treatment and care as defined herein shall not constitute the payment of compensation under section twenty-five-a of this article. All fees and other charges for such treatment and services shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living.
§ 3. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the insurance law and the workers' compensation law, in relation to coverage of health care services by means of telehealth
Purpose
To ensure that healthcare services delivered by means of telehealth are included within the medical care and treatment services included for coverage under the provisions of the workers compensation law and within the definition of "basic economic loss" for purposes of Article 51 of the Insurance law (no fault, auto insurance law).
Summary of provisions
Section one amends paragraph 1 of subsection 5102 of the insurance law to provide that health care services delivered by means of telehealth as defined within section 3217-h of the insurance law can be included with- in the calculation of "basic economic loss" as part of no fault auto insurance. Section 2 amends the opening paragraph of subdivision(a) of section 13 of the worker's compensation law to include telehealth services expenses within the provisions of the workers compensation law as covered expenses.
Justification
This bill will make clear that medical services provided by telehealth otherwise covered through the workers' compensation law are eligible as medical reimbursement expenses under that law. Similarly the bill adds telehealth services to the list of expenses constituting basic economic loss under the no fault auto insurance law.
Telehealth is defined as "electronic information and communication tech- nologies by a health care provider to an insured individual while such individual is located at a site that is different than the site where the health care provider is located." The provision of medical care which would otherwise be delivered on a face to face basis provides better opportunities for patient monitoring and support. Telehealth can dramatically increase access to health care services for patients who face challenges in accessing health care providers due to geographic restrictions, provider shortages inclement weather, or restricted patient mobility. Telehealth is extremely valuable in improving the continuity, coordination, and efficiency of care for rural and under- served populations.
In 2015, legislation was passed (Chapter 6 of the laws of 2015) that would require that telehealth services from covered providers be included in private health insurance policies and Medicaid coverage. This bill is a. logical extension of the policy goal to improve patient care.
Legislative history
2017,2018: S.3951 Referred to Insurance
2016: S.6367 Referred to Insurance
Fiscal implications
Undetermined, but there may be reduced medical costs from the use of telehealth services.
Effective date
This act shall take effect on the first day of January next succeeding enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.