Telemental health services may only be utilized in personalized Recovery Oriented Services program or Assertive Community Treatment programs under certain conditions.
SOURCE: NY Code of Rules and Regs. Title 14, Sec. 596.3 (Accessed Feb. 2021).
Telehealth shall not include delivery of health care services by means of facsimile machines, or electronic messaging alone, though use of these technologies is not precluded if used in conjunction with telemedicine, store and forward technology, or remote patient monitoring.
SOURCE: NY Public Health Law Article 29 – G Section 2999-cc. & NY Senate (S 848416 2020 Session), (Accessed Feb. 2021).
Office for People with Developmental Disabilities (OPWDD)
Telehealth is an available mechanism to deliver clinical care.
SOURCE: NY Code of Rules and Regs. Title 14, Sec. 679.1 (Accessed Feb. 2021).
Office of Alcoholism and Substance Abuse Services (OASAS)
Telepractice services, as defined in this Part, may be authorized by the office for the delivery of certain addiction services provided by practitioners employed by, or pursuant to a contract or memorandum of understanding (MOU) with a program certified by the office.
SOURCE: NY Codes, Rules and Regulations, Title 14, Chapter XXI, Part 830.5. (Accessed Feb. 2021).
Providers requesting authorization to use this means of service delivery must submit a Telepractice Plan and Attestation (Appendix B) to their Regional Office and to the OASAS Bureau of Certification.
OASAS has specific telepractice standards for its providers. See regulation for details.
SOURCE: NY Office of Alcoholism and Substance Abuse Services. Telepractice Standards for OASAS Designated Providers. (Dec. 2019). (Accessed Feb. 2021).
Demonstration rates of payment or fees shall be established for telehealth services provided by a certified home health agency, a long term home health care program or AIDS home care program, or for telehealth services by a licensed home care services agency under contract with such an agency or program, in order to ensure the availability of technology-based patient monitoring, communication and health management. Reimbursement is provided only in connection with Federal Food and Drug Administration-approved and interoperable devices that are incorporated as part of the patient’s plan of care.
SOURCE: NY Public Health Law Article 36 Section 3614(3-c). (Accessed Feb. 2021).
Independent Practitioner Services for Individuals with Developmental Disabilities (IPSIDD) are prohibited from being delivered via telehealth.
SOURCE: NY Code of Rules and Regs. Title 14, Sec. 635-13.4(c). (Accessed Feb. 2021).
Each agency that operates a clinic treatment facility shall provide the Office for People with Developmental Disabilities (OPWDD) information it requests, including but not limited to the following: services provided by CPT/HCPCS and/or CDT codes, where such services were delivered, including the location of both the provider and the individual when services are delivered via telehealth, (i.e., on-site or at a certified satellite site, or, prior to April 1, 2016, off-site) and revenues by funding SOURCE or payee. These data shall correspond to the identical time period of the cost report.
SOURCE: NY Code of Rules and Regs. Title 14, Sec. 679.6(b). (Accessed Feb. 2021).
Under Public Health, originating sites are limited to:
- Licensed health facilities in Articles 28 (hospitals) and 40 (hospice);
- A facility as defined in Section 1.03, subdivision six of the Mental Hygiene Law;
- Certified and non-certified day and residential programs funded or operated by the office for people with developmental disabilities.
- Private physician’s or dentist’s offices located in New York;
- Public, private and charter elementary and secondary schools, school age childcare programs and child day care centers within the state of New York;
- Adult care facility licensed under title two of article seven of the social services law;
- Public, private and charter elementary and secondary schools, school age child care programs and child day care centers;
- The patient’s place of residence located within the state of New York or other temporary location located within or outside the state of New York.
SOURCE: NY Public Health Law Article 29 – G Section 2999-cc. (Accessed Feb. 2021).