What's happening
The bill allows telemedicine for mental and behavioral health care under workers' compensation, with limited in-person visit requirements.
Why it matters
Expands access to mental and behavioral health care for injured workers. by allowing telehealth (video and audio-only) appointments with psychiatrists, psychologists, and licensed clinical social workers—potentially reducing wait times and travel burdens.
Offers flexibility for patients and providers. by permitting exceptions to in-person visit requirements if such visits would disrupt care, worsen a patient's condition, or create undue hardship (including financial, physical, or mental distress due to travel).
May improve continuity and consistency of care. for individuals who struggle with mobility, transportation, or other barriers, helping them maintain mental health treatment as part of their workers’ compensation recovery process.
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Who cares
Workers seeking psychological care under workers’ compensation
The bill would permit telehealth testing, treatment and counseling, with an in-person visit within 12 months of the first video visit or six months of the first audio-only visit unless an exception applies.
Psychiatrists, psychologists and licensed clinical social workers
The bill would permit these providers to deliver telehealth services and waive the in-person requirement when their professional judgment indicates it could disrupt care or worsen the patient’s condition.
Patients and families facing travel hardships
The bill would allow an exception to the in-person requirement for undue hardship, including travel-related financial burdens or unreasonable physical or mental distress.
Headline styles
Allow Telehealth for Workers’ Mental Health
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Substituted by A949
- Advanced to third reading
- 2nd report cal.
- 1st report cal.983
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Telehealth for Workers' Comp
Passed Senate · Sponsor Jen Lunsford
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
998
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. BROUK -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to permitting telemedicine services for mental and behavioral health issues under the workers' compensation system
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13-m of the workers' compensation law is amended by adding a new subdivision 15 to read as follows:
15. Telehealth visits for psychological testing, treatment and counseling by psychiatrists, psychologists and licensed clinical social workers shall be permitted with one in-person visit within twelve months of the first video telehealth visit and within six months of the first audio-only telehealth visit unless (a) in the provider's professional judgment, an in-person visit service is likely to cause disruption in service delivery or has the potential to worsen the patient's condition, or (b) would create undue hardship upon the patient or such patient's family. A finding of undue burden shall include consideration of whether travel to and from the in-person visit would cause undue financial burden or unreasonable physical or mental distress.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01455-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the workers' compensation law, in relation to permitting telemedicine services for mental and behavioral health issues under the workers' compensation system
Purpose or general idea of bill
Permits telemedicine services for mental and behavioral health issues under the workers' compensation system.
Summary of provisions
Section 1. Adds subdivision 15 to section 13-m of the Workers' Compen- sation Law to permit telehealth visits for psychological testing, treat- ment, and counseling by psychiatrists, psychologists, and licensed clin- ical social workers provided one in-person visit occurs within twelve months of the first video telehealth visit and within six months of the first audio-only telehealth visit unless (a) in the provider's profes- sional judgment, an in-person visit is likely to cause disruption in service delivery or has the potential to worsen the patient's condition, or (b) would create undue hardship upon the patient or their family.
Section 2 is the effective date.
Justification
This bill furthers the work done by the legislature in the SFY 2023 Budget in establishing telehealth parity for the provision of medical services. Right now, injured workers, particularly those with mental or behavioral health needs, face significant hurdles in obtaining treat- ment. As has been highlighted since the COVID-19 pandemic, access to medical care varies significantly depending on your location in New York State. These barriers are complicated further by the limited number of medical professionals who are licensed as eligible providers under the workers compensation system. For treatment of mental and behavioral health issues caused by workplace injuries, it is too often the reality that the nearest licensed provider is hundreds of miles away, and an injured worker utilizing the workers' compensation system may only receive treatment from such a license provider.
This bill will allow injured workers to obtain their necessary treatment via telemedicine while still requiring an in-person visit where appro- priate. This will ensure the delivery of timely and quality medical treatment to New Yorkers injured in the workplace regardless of where they live.
Legislative history
2021-22: S9055 Referred to Labor.
2023-24: S1878 Referred to Labor.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.