Bill Text: NY S05789 | 2015-2016 | General Assembly | Amended
Bill Title: Promotes the development, provision and accessibility of telehealth/telemedicine services in New York state; establishes a telehealth/telemedicine development and research grant fund.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-06-08 - referred to health [S05789 Detail]
Download: New_York-2015-S05789-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5789--B 2015-2016 Regular Sessions IN SENATE June 3, 2015 ___________ Introduced by Sens. VALESKY, KLEIN, ROBACH, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to promoting the development, provision and accessibility of telehealth/telemedicine services; and to amend the state finance law, in relation to estab- lishing a New York state telehealth/telemedicine development and research grant fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 206 of the public health law is amended by adding 2 a new subdivision 30 to read as follows: 3 30. The commissioner shall establish and help to promote the mainte- 4 nance of a statewide telehealth/telemedicine network to serve the entire 5 state, including underserved rural, urban and suburban areas. In addi- 6 tion, in accordance with subdivision eighteen-a of this section, the 7 commissioner shall help to promote the increased utilization, storage 8 and retrieval of electronic records, including telehealth/telemedicine 9 records, images, information and data, to help promote the general 10 public health, improve individual health care outcomes and provide for a 11 cost effective health care delivery system. 12 § 2. Section 220 of the public health law, as amended by section 7 of 13 part N of chapter 56 of the laws of 2012, is amended to read as follows: 14 § 220. Public health and health planning council; appointment of 15 members. There shall continue to be in the department a public health 16 and health planning council to consist of the commissioner and fourteen EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01966-09-6S. 5789--B 2 1 members to be appointed by the governor with the advice and consent of 2 the senate; provided that effective December first, two thousand ten, 3 the membership of the council shall consist of the commissioner and 4 twenty-four members to be appointed by the governor with the advice and 5 consent of the senate. Membership on the council shall be reflective of 6 the diversity of the state's population including, but not limited to, 7 the various geographic areas and population densities throughout the 8 state. The members shall include representatives of the public health 9 system, health care providers that comprise the state's health care 10 delivery system, individuals with expertise in the clinical and adminis- 11 trative aspects of health care delivery, establishing and maintaining a 12 statewide telehealth/telemedicine network and the utilization, storage 13 and retrieval of electronic medical records, issues affecting health 14 care consumers, health planning, health care financing and reimburse- 15 ment, health care regulation and compliance, and public health practice 16 and at least two members shall also be members of the behavioral health 17 services advisory council; at least four members shall be represen- 18 tatives of general hospitals or nursing homes; and at least one member 19 shall be a representative of each of the following groups: home care 20 agencies, diagnostic and treatment centers, health care payors, labor 21 organizations for health care employees, and health care consumer advo- 22 cacy organizations. 23 § 3. The public health law is amended by adding three new sections 24 2999-ee, 2999-ff and 2999-gg to read as follows: 25 § 2999-ee. Coordination of department responsibilities for 26 telehealth/telemedicine; biennial plan. 1. The commissioner shall coor- 27 dinate and focus the department's developmental, administrative, 28 research and evaluation responsibilities for the provision and mainte- 29 nance of a statewide telehealth/telemedicine network and such services 30 as provided pursuant to this article and section twenty-eight hundred 31 five-u of this chapter. 32 2. The commissioner, in consultation with eligible providers as speci- 33 fied in subdivision two of section twenty-nine hundred ninety-nine-ff of 34 this article, health care facilities, and those on-site and originating 35 site health care facilities and those which use remote patient monitor- 36 ing, on or before January first, two thousand eighteen and every two 37 years thereafter, shall prepare and submit a biennial plan to support 38 the provision and maintenance of a statewide telehealth/telemedicine 39 network and such services provided pursuant to this article, section 40 twenty-eight hundred five-u, subdivision two of section twenty-eight 41 hundred twenty-five, subdivision three-c of section thirty-six hundred 42 fourteen of this chapter, as well as other telehealth/telemedicine 43 services for which the department has developmental and administrative 44 responsibility. The biennial plan shall include: 45 (a) any necessary recommendations for legislative, administrative or 46 budgetary support for the optimum use of telehealth/telemedicine 47 services and the statewide telehealth/telemedicine network; 48 (b) the identification of barriers to the provision of and access to 49 telehealth/telemedicine, including education and training for existing 50 telehealth/telemedicine providers and potential future providers pursu- 51 ant to this article and section twenty-eight hundred five-u of this 52 chapter and consumers, integrated development of such network, increas- 53 ing access to broadband services, reducing gaps in such network and 54 broadband services on a statewide and regional basis especially in rural 55 and other underserved areas, electronic records interface and otherS. 5789--B 3 1 barriers, and the methods by which the department will aid in addressing 2 such barriers; and 3 (c) an abstract of telehealth/telemedicine research either being or to 4 be conducted by the department, or facilitated by the department and 5 being or to be conducted by providers or other entities, and foster the 6 dissemination of such abstract to health care providers, health care 7 facilities and the general public. 8 3. The commissioner shall provide copies of the biennial plan to the 9 governor, the temporary president of the senate, the speaker of the 10 assembly, the minority leader of the senate, the minority leader of the 11 assembly, the chairs of the senate and assembly health committees, the 12 Healthcare Association of New York State, the Medical Society of New 13 York State and the Home Healthcare Association of New York State. 14 4. (a) The commissioner, in consultation with eligible providers as 15 specified in subdivision two of section twenty-nine hundred ninety-nine- 16 ff of this article, health care facilities, those on-site and originat- 17 ing site health care facilities and those which use remote patient moni- 18 toring shall identify standards determined to be necessary for the 19 promotion and maintenance of a statewide telehealth/telemedicine network 20 and such services under this article. Such standards, including stand- 21 ards for the protection of patient information, may be identified from: 22 (i) the American Telemedicine Association, the federal Food and Drug 23 Administration and/or such other generally recognized standard-setting 24 organizations as the commissioner may determine; 25 (ii) title eight of the education law and regulations promulgated 26 pursuant thereto, this chapter and regulations promulgated pursuant 27 thereto and, as applicable, such standards of relevant professional or 28 accrediting bodies as the commissioner may determine, to ensure that 29 telehealth/telemedicine monitoring is conducted by individuals in 30 accordance with and as limited by the applicable scope of practice, 31 licensure and/or credentialing provisions of such laws and standards. 32 (b) The commissioner may incorporate, within his or her biennial plan 33 submitted pursuant to subdivision two of this section, recommendations 34 for any additional standards or requirements for telehealth/telemedicine 35 services as may be necessary under this article. 36 § 2999-ff. Telehealth/telemedicine development; grants for underserved 37 areas and populations. 1. Subject to the availability of funding from 38 the New York state telehealth/telemedicine development and research 39 grant fund, established pursuant to section ninety-nine-z of the state 40 finance law, funds made available in the general fund or any other funds 41 made available therefor, the department shall provide grants to eligible 42 providers for: 43 (a) the development and proper maintenance of a statewide 44 telehealth/telemedicine network that appropriately integrates with the 45 current health care delivery system and that promotes the highest stand- 46 ards for the provision of quality and cost effective health care 47 throughout the state; 48 (b) the development of telehealth/telemedicine services in geographic 49 areas of the state deemed by the department to be underserved on the 50 basis of a lack of providers pursuant to this article; 51 (c) the development of telehealth/telemedicine services in geographic 52 areas of the state deemed by the department to be underserved on the 53 basis of the lack of telehealth/telemedicine services in the area; 54 (d) the development of telehealth/telemedicine services for new popu- 55 lations, where evidence suggests the provision of such services would 56 facilitate the management of patient care, access to care, cost-effec-S. 5789--B 4 1 tiveness of care and/or to help implement the provisions of section 2 twenty-one hundred eleven and subdivision two of section twenty-eight 3 hundred twenty-five of this chapter as related to such services; 4 (e) the development of telehealth/telemedicine services for new condi- 5 tions, where evidence suggests the provision of such services would 6 facilitate the management of such conditions, access to care, cost-ef- 7 fectiveness of care and/or help implement section twenty-one hundred 8 eleven and subdivision two of section twenty-eight hundred twenty-five 9 of this chapter as related to such services; 10 (f) the development of telehealth/telemedicine services to evaluate 11 the potential benefits of new telehealth/telemedicine technology, for 12 patient care, access to care, cost-effectiveness of care and/or help 13 implement section twenty-one hundred eleven and subdivision two of 14 section twenty-eight hundred twenty-five of this chapter as related to 15 such services; or 16 (g) such other purposes as the department may identify. 17 2. Eligible providers, for the purposes of this article and section 18 twenty-eight hundred five-u of this chapter shall include those 19 licensed, certified or authorized pursuant to article twenty-eight, 20 thirty-six or forty, or section forty-four hundred three-f of this chap- 21 ter, or physicians licensed pursuant to article one hundred thirty-one 22 of the education law; provided however that eligibility pursuant to this 23 section to provide telehealth/telemedicine services shall be consistent 24 with the authority for the provision of care otherwise provided pursuant 25 to article twenty-eight, thirty-six or forty, or section forty-four 26 hundred three-f of this chapter, or title eight of the education law. 27 3. The department, in consultation with eligible providers as speci- 28 fied in subdivision two of this section, shall establish the forms and 29 process for the submission and approval of grant applications pursuant 30 to this subdivision. 31 § 2999-gg. Telehealth/telemedicine research. 1. The commissioner shall 32 promote and support clinical and programmatic research by providers and 33 other entities to further evaluate, refine and/or develop effective and 34 efficient application of telehealth/telemedicine methods and technology 35 to populations, conditions and circumstances, and to establish and main- 36 tain a statewide telehealth/telemedicine network. The commissioner shall 37 make available data and technical assistance for such research, provided 38 that any data made available shall not contain individually identifying 39 information. 40 2. The commissioner is authorized to apply for such governmental, 41 philanthropic and other grants that may be available for such research. 42 Monies from such grants shall be deposited in the New York state 43 telehealth/telemedicine development and research grant fund established 44 by section ninety-nine-z of the state finance law. 45 3. The department shall consult with eligible providers, as specified 46 in subdivision two of section twenty-nine hundred ninety-nine-ff of this 47 article and section twenty-eight hundred five-u of this chapter in the 48 implementation of this section. 49 § 4. Section 3614 of the public health law is amended by adding a new 50 subdivision 3-d to read as follows: 51 3-d. Capital reimbursement for telehealth/telemedicine. The department 52 shall include in the reimbursement rates established pursuant to this 53 section a cost allowance for the reimbursement of capital costs for the 54 development, operation and provision of telehealth/telemedicine 55 services, including the linkage of telehealth/telemedicine and electron- 56 ic medical records. The methodology for the inclusion of the allowanceS. 5789--B 5 1 shall be developed in consultation with the eligible providers for 2 telehealth/telemedicine pursuant to section twenty-nine hundred ninety- 3 nine-ee of this chapter. 4 § 5. The state finance law is amended by adding a new section 99-z to 5 read as follows: 6 § 99-z. New York state telehealth/telemedicine development and 7 research grant fund. 1. There is hereby established in the joint custody 8 of the state comptroller and commissioner of taxation and finance a 9 special fund to be known as the "New York state telehealth/telemedicine 10 development and research fund". 11 2. Such fund shall consist of all monies appropriated for the purpose 12 of such fund and any grant, gift or bequest made for purposes of devel- 13 opment or grants for telehealth/telemedicine services pursuant to 14 section twenty-nine hundred ninety-nine-ff of the public health law. 15 3. Monies of the fund shall be available to the commissioner of health 16 for the purpose of providing development and research grants for 17 telehealth/telemedicine pursuant to section twenty-nine hundred ninety- 18 nine-ff of the public health law. 19 4. The monies of the fund shall be paid out on the audit and warrant 20 of the comptroller on vouchers certified or approved by the commissioner 21 of health, or by an officer or employee of the department of health 22 designated by such commissioner. 23 § 6. This act shall take effect immediately, except that section four 24 of this act shall take effect on the first of April next succeeding the 25 date on which this act shall have become a law; and provided, further, 26 that effective immediately, the addition, amendment and/or repeal of any 27 rule or regulation necessary for the implementation of this act on its 28 effective date are authorized and directed to be made and completed on 29 or before such effective date.
