S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          621
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law,  in  relation  to  promoting  the
         development,  provision  and  accessibility of telehealth/telemedicine
         services in New York state; and to amend the  state  finance  law,  in
         relation  to  establishing  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.  This act shall be known and may be cited as the "New York
    2  state telehealth/telemedicine development act."
    3    S 2. The public health law is amended by adding a new article 27-L  to
    4  read as follows:
    5                                ARTICLE 27-L
    6         NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT PROGRAM
    7  SECTION 2799-T. LEGISLATIVE INTENT.
    8          2799-U. COORDINATION    OF   DEPARTMENT   RESPONSIBILITIES   FOR
    9                    TELEHEALTH/TELEMEDICINE; ANNUAL PLAN.
   10          2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS  FOR  UNDER-
   11                    SERVED AREAS AND POPULATIONS.
   12          2799-W. TELEHEALTH/TELEMEDICINE RESEARCH.
   13    S  2799-T.  LEGISLATIVE  INTENT. THE LEGISLATURE RECOGNIZES THE DEMON-
   14  STRATED  COST-EFFECTIVENESS,  IMPROVEMENTS  IN  DISEASE  MANAGEMENT  AND
   15  IMPROVED    PATIENT   OUTCOMES   RESULTING   FROM   THE   PROVISION   OF
   16  TELEHEALTH/TELEMEDICINE SERVICES. TELEHEALTH/TELEMEDICINE  SERVICES  ARE
   17  THOSE  SERVICES  WHICH  UTILIZE  ELECTRONIC TECHNOLOGY OVER A GEOGRAPHIC
   18  DISTANCE BETWEEN PATIENTS AND HEALTH CARE PROVIDERS FOR THE PURPOSES  OF
   19  ASSESSMENT,  MONITORING, INTERVENTION, CLINICAL MANAGEMENT AND/OR EDUCA-
   20  TION WITH PATIENTS. STUDIES HAVE CHRONICLED  SIGNIFICANT  REDUCTIONS  IN
   21  HOSPITALIZATIONS  AND  OTHERWISE  NECESSARY  MEDICAL CARE AS A RESULT OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01966-01-5
       S. 621                              2
    1  TELEHEALTH/TELEMEDICINE INTERVENTION. THE LEGISLATURE FURTHER RECOGNIZES
    2  THAT GEOGRAPHY, WEATHER AND OTHER FACTORS CAN CREATE BARRIERS TO ACCESS-
    3  ING APPROPRIATE HEALTH AND MENTAL HEALTH CARE  IN  NEW  YORK  STATE  AND
    4  THAT  ONE WAY   TO PROVIDE, ENSURE OR ENHANCE ACCESS TO CARE GIVEN THESE
    5  BARRIERS IS THROUGH THE APPROPRIATE USE OF TECHNOLOGY  TO  ALLOW  HEALTH
    6  CARE  CONSUMERS  ACCESS  TO  QUALIFIED  HEALTH CARE PROVIDERS AND INSTI-
    7  TUTIONS.   IN   ORDER   TO   PROMOTE   THE   ROLE   AND   CAPACITY    OF
    8  TELEHEALTH/TELEMEDICINE  TECHNOLOGY  RELATIVE  TO  THESE  PURPOSES,  THE
    9  LEGISLATURE HEREBY ENACTS THE  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE
   10  DEVELOPMENT  ACT  TO  ESTABLISH  A  TELEHEALTH/TELEMEDICINE  DEVELOPMENT
   11  PROGRAM TO COORDINATE AND FOCUS STATE ADMINISTRATIVE RESPONSIBILITIES AS
   12  WELL AS STATE POLICY AND PROGRAM PLANNING  FOR  TELEHEALTH/TELEMEDICINE,
   13  PROVIDE FOR TELEHEALTH/TELEMEDICINE DEVELOPMENT IN UNDERSERVED GEOGRAPH-
   14  IC  AREAS  AND  FOR  NEW  POPULATIONS, PROMOTE QUALITY AND SAFEGUARDS IN
   15  TELEHEALTH/TELEMEDICINE,  PROMOTE  AND  ASSIST   TELEHEALTH/TELEMEDICINE
   16  RESEARCH  AND EVALUATION, ESTABLISH THE TELEHEALTH/TELEMEDICINE RESEARCH
   17  AND DEVELOPMENT FUND, AND PROVIDE FOR CAPITAL FINANCING.
   18    S   2799-U.   COORDINATION   OF   DEPARTMENT   RESPONSIBILITIES    FOR
   19  TELEHEALTH/TELEMEDICINE;  ANNUAL PLAN. 1. THE COMMISSIONER SHALL COORDI-
   20  NATE AND FOCUS THE DEPARTMENT'S DEVELOPMENTAL, ADMINISTRATIVE,  RESEARCH
   21  AND EVALUATION RESPONSIBILITIES FOR TELEHEALTH/TELEMEDICINE SERVICES.
   22    2. THE COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
   23  FIED IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF
   24  THIS  ARTICLE,  SHALL  PREPARE  AND SUBMIT AN ANNUAL PLAN TO SUPPORT THE
   25  PROVISION  OF  TELEHEALTH/TELEMEDICINE  SERVICES  PROVIDED  PURSUANT  TO
   26  SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAP-
   27  TER,  AS  WELL  AS  OTHER TELEHEALTH/TELEMEDICINE SERVICES FOR WHICH THE
   28  DEPARTMENT HAS  DEVELOPMENTAL  AND  ADMINISTRATIVE  RESPONSIBILITY.  THE
   29  ANNUAL PLAN SHALL INCLUDE:
   30    (A)  ANY  NECESSARY RECOMMENDATIONS FOR LEGISLATIVE, ADMINISTRATIVE OR
   31  BUDGETARY SUPPORT FOR TELEHEALTH/TELEMEDICINE SERVICES;
   32    (B) THE IDENTIFICATION OF BARRIERS TO THE PROVISION OF AND  ACCESS  TO
   33  TELEHEALTH/TELEMEDICINE,  INCLUDING  EDUCATION  AND  TRAINING  FOR  BOTH
   34  PROVIDERS AND CONSUMERS, ELECTRONIC RECORDS INTERFACE,  AND  OTHER,  AND
   35  THE  METHODS  BY WHICH THE DEPARTMENT WILL AID IN ADDRESSING SUCH BARRI-
   36  ERS; AND
   37    (C) AN ABSTRACT OF TELEHEALTH/TELEMEDICINE RESEARCH EITHER BEING OR TO
   38  BE CONDUCTED BY THE DEPARTMENT, OR FACILITATED  BY  THE  DEPARTMENT  AND
   39  BEING OR TO BE CONDUCTED BY PROVIDERS OR OTHER ENTITIES.
   40    3.  THE  COMMISSIONER  SHALL  PROVIDE COPIES OF THE ANNUAL PLAN TO THE
   41  GOVERNOR, THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE  AND
   42  THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY.
   43    4.  (A)  THE  COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS
   44  SPECIFIED  IN  SUBDIVISION   TWO   OF   SECTION   TWENTY-SEVEN   HUNDRED
   45  NINETY-NINE-V OF THIS ARTICLE, SHALL IDENTIFY STANDARDS DETERMINED TO BE
   46  NECESSARY  FOR TELEHEALTH/TELEMEDICINE SERVICES UNDER THIS ARTICLE. SUCH
   47  STANDARDS, INCLUDING STANDARDS FOR THE PROTECTION  OF  PATIENT  INFORMA-
   48  TION, SHALL BE IDENTIFIED FROM:
   49    (I)  THE  AMERICAN TELEMEDICINE ASSOCIATION, THE FEDERAL FOOD AND DRUG
   50  ADMINISTRATION AND/OR OTHER GENERALLY RECOGNIZED STANDARD-SETTING ORGAN-
   51  IZATIONS AS THE COMMISSIONER MAY DETERMINE;
   52    (II) TITLE EIGHT OF THE EDUCATION LAW AND  REGULATIONS  THERETO,  THIS
   53  CHAPTER  AND  REGULATIONS  THERETO  AND, AS APPLICABLE, THE STANDARDS OF
   54  RELEVANT PROFESSIONAL OR ACCREDITING  BODIES  AS  THE  COMMISSIONER  MAY
   55  DETERMINE,   TO   ENSURE   THAT  TELEHEALTH/TELEMEDICINE  MONITORING  IS
   56  CONDUCTED BY INDIVIDUALS IN ACCORDANCE WITH,  AND  AS  LIMITED  BY,  THE
       S. 621                              3
    1  APPLICABLE  SCOPE OF PRACTICE, LICENSURE AND/OR CREDENTIALING PROVISIONS
    2  OF SUCH LAWS AND STANDARDS.
    3    (B) THE COMMISSIONER MAY INCORPORATE, WITHIN THE ANNUAL PLAN SUBMITTED
    4  PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION, RECOMMENDATIONS FOR ANY
    5  ADDITIONAL  STANDARDS  OR   REQUIREMENTS   FOR   TELEHEALTH/TELEMEDICINE
    6  SERVICES AS MAY BE NECESSARY UNDER THIS ARTICLE.
    7    S  2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS FOR UNDERSERVED
    8  AREAS AND POPULATIONS. 1. SUBJECT TO THE AVAILABILITY  OF  FUNDING  FROM
    9  SECTION  NINETY-NINE-W OF THE STATE FINANCE LAW, FUNDS MADE AVAILABLE IN
   10  THE GENERAL FUND OR ANY OTHER FUNDS MADE AVAILABLE THEREFOR, THE DEPART-
   11  MENT SHALL PROVIDE GRANTS TO ELIGIBLE PROVIDERS FOR:
   12    (A) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN  GEOGRAPHIC
   13  AREAS  OF  THE  STATE  DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
   14  BASIS OF A LACK OF PROVIDERS PURSUANT TO THIS ARTICLE;
   15    (B) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN  GEOGRAPHIC
   16  AREAS  OF  THE  STATE  DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
   17  BASIS OF THE LACK OF TELEHEALTH/TELEMEDICINE SERVICES IN THE AREA;
   18    (C) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW  POPU-
   19  LATIONS,  WHERE  EVIDENCE  SUGGESTS THE PROVISION OF SUCH SERVICES WOULD
   20  FACILITATE THE  MANAGEMENT  OF  PATIENT  CARE,  ACCESS  TO  CARE  AND/OR
   21  COST-EFFECTIVENESS OF CARE;
   22    (D) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW CONDI-
   23  TIONS,  WHERE  EVIDENCE  SUGGESTS  THE  PROVISION OF SUCH SERVICES WOULD
   24  FACILITATE THE MANAGEMENT OF SUCH  CONDITIONS,  ACCESS  TO  CARE  AND/OR
   25  COST-EFFECTIVENESS OF CARE;
   26    (E)  THE  DEVELOPMENT  OF TELEHEALTH/TELEMEDICINE SERVICES TO EVALUATE
   27  THE POTENTIAL BENEFITS OF NEW  TELEHEALTH/TELEMEDICINE  TECHNOLOGY,  FOR
   28  PATIENT CARE, ACCESS TO CARE AND/OR COST-EFFECTIVENESS OF CARE; OR
   29    (F) SUCH OTHER PURPOSES AS THE DEPARTMENT MAY IDENTIFY.
   30    2.  ELIGIBLE  PROVIDERS  SHALL  INCLUDE  THOSE  LICENSED, CERTIFIED OR
   31  AUTHORIZED UNDER ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS CHAP-
   32  TER OR UNDER SECTION FORTY-FOUR  HUNDRED  THREE-F  OF  THIS  CHAPTER  OR
   33  PHYSICIANS  LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF TITLE EIGHT
   34  OF THE EDUCATION LAW;  PROVIDED  HOWEVER  THAT  ELIGIBILITY  UNDER  THIS
   35  SECTION  TO PROVIDE TELEHEALTH/TELEMEDICINE SERVICES SHALL BE CONSISTENT
   36  WITH THE AUTHORITY FOR THE PROVISION OF CARE OTHERWISE PROVIDED PURSUANT
   37  TO ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS  CHAPTER  OR  UNDER
   38  SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER OR TITLE EIGHT OF THE
   39  EDUCATION LAW.
   40    3.  THE  DEPARTMENT, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
   41  FIED IN SUBDIVISION TWO OF THIS SECTION, SHALL ESTABLISH THE  FORMS  AND
   42  PROCESS  FOR  THE SUBMISSION AND APPROVAL OF GRANT APPLICATIONS PURSUANT
   43  TO THIS SUBDIVISION.
   44    S 2799-W. TELEHEALTH/TELEMEDICINE RESEARCH. 1. THE COMMISSIONER  SHALL
   45  PROMOTE  AND SUPPORT CLINICAL AND PROGRAMMATIC RESEARCH BY PROVIDERS AND
   46  OTHER ENTITIES TO FURTHER EVALUATE, REFINE AND/OR DEVELOP EFFECTIVE  AND
   47  EFFICIENT  APPLICATION OF TELEHEALTH/TELEMEDICINE METHODS AND TECHNOLOGY
   48  TO POPULATIONS, CONDITIONS AND  CIRCUMSTANCES.  THE  COMMISSIONER  SHALL
   49  MAKE AVAILABLE DATA AND TECHNICAL ASSISTANCE FOR SUCH RESEARCH, PROVIDED
   50  THAT  ANY  DATA MADE AVAILABLE MUST NOT CONTAIN INDIVIDUALLY IDENTIFYING
   51  INFORMATION.
   52    2. THE COMMISSIONER IS AUTHORIZED  TO  APPLY  FOR  SUCH  GOVERNMENTAL,
   53  PHILANTHROPIC  AND OTHER GRANTS THAT MAY BE AVAILABLE FOR SUCH RESEARCH.
   54  MONIES FROM SUCH GRANTS  SHALL  BE  DEPOSITED  IN  THE  NEW  YORK  STATE
   55  TELEHEALTH/TELEMEDICINE  DEVELOPMENT AND RESEARCH GRANT FUND ESTABLISHED
   56  BY SECTION NINETY-NINE-W OF THE STATE FINANCE LAW.
       S. 621                              4
    1    3. THE DEPARTMENT SHALL CONSULT WITH ELIGIBLE PROVIDERS, AS  SPECIFIED
    2  IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THIS
    3  ARTICLE IN THE IMPLEMENTATION OF THIS SECTION.
    4    S  3. Section 3614 of the public health law is amended by adding a new
    5  subdivision 3-d to read as follows:
    6    3-D. CAPITAL REIMBURSEMENT FOR TELEHEALTH/TELEMEDICINE. THE DEPARTMENT
    7  SHALL INCLUDE IN THE REIMBURSEMENT RATES ESTABLISHED  PURSUANT  TO  THIS
    8  SECTION  A COST ALLOWANCE FOR THE REIMBURSEMENT OF CAPITAL COSTS FOR THE
    9  DEVELOPMENT,  OPERATION   AND   PROVISION   OF   TELEHEALTH/TELEMEDICINE
   10  SERVICES, INCLUDING THE LINKAGE OF TELEHEALTH/TELEMEDICINE AND ELECTRON-
   11  IC  MEDICAL  RECORDS. THE METHODOLOGY FOR THE INCLUSION OF THE ALLOWANCE
   12  SHALL BE DEVELOPED IN  CONSULTATION  WITH  THE  ELIGIBLE  PROVIDERS  FOR
   13  TELEHEALTH/TELEMEDICINE  PURSUANT  TO SECTION TWENTY-SEVEN HUNDRED NINE-
   14  TY-NINE-U OF THIS CHAPTER.
   15    S 4. The state finance law is amended by adding a new section 99-w  to
   16  read as follows:
   17    S   99-W.  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE  DEVELOPMENT  AND
   18  RESEARCH GRANT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY
   19  OF THE STATE COMPTROLLER AND COMMISSIONER  OF  TAXATION  AND  FINANCE  A
   20  SPECIAL  FUND TO BE KNOWN AS THE "NEW YORK STATE TELEHEALTH/TELEMEDICINE
   21  DEVELOPMENT AND RESEARCH FUND".
   22    2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE  PURPOSE
   23  OF  SUCH FUND AND ANY GRANT, GIFT OR BEQUEST MADE FOR PURPOSES OF DEVEL-
   24  OPMENT  OR  GRANTS  FOR  TELEHEALTH/TELEMEDICINE  SERVICES  PURSUANT  TO
   25  SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THE PUBLIC HEALTH LAW.
   26    3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF HEALTH
   27  FOR  THE  PURPOSE  OF  PROVIDING  DEVELOPMENT  AND  RESEARCH  GRANTS FOR
   28  TELEHEALTH/TELEMEDICINE PURSUANT TO SECTION TWENTY-SEVEN  HUNDRED  NINE-
   29  TY-NINE-V OF THE PUBLIC HEALTH LAW.
   30    4.  THE  MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
   31  OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
   32  OF HEALTH, OR BY AN OFFICER OR EMPLOYEE  OF  THE  DEPARTMENT  OF  HEALTH
   33  DESIGNATED BY SUCH COMMISSIONER.
   34    S  5.  This  act shall take effect immediately; provided, that section
   35  three of this act shall take effect on the first of April next  succeed-
   36  ing  the date on which this act shall have become law; provided further,
   37  however, that the commissioner of health shall be authorized to take all
   38  necessary steps to implement this section by such date.