New York Telehealth Reimbursement Parity Law

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Effective January 1, 2016, New York put into effect its expanded telehealth reimbursement parity legislation. New York was the 22nd state to develop such a parity, which requires commercial insurers, as well as the state’s Medicaid program, to provide reimbursement for telehealth services in a manner consistent with medical services provided in a face-to-face encounter.

While New York places restrictions on the use and mandatory reimbursement of telehealth services, many other states have developed a similar parity structure. These limitations include, but are not limited to, the exclusion of audio-only communications and the eligibility distinctions related to the location from which and to which telehealth services may be provided. The recent changes to New York law will broaden the scope of eligible modalities for telemedicine, eligible providers, as well as eligible locations for both the physician and patient during a telehealth encounter.

Prior to the effective changes in New York’s parity law, telemedicine reimbursement was limited to live, interactive audio-visual communication. With recent changes, New York now includes remote patient monitoring and store-and-forward services as valid telemedicine encounters. Further, the changes in the law allow physicians, physician assistants and nurse practitioners to perform telemedicine encounters, which were previously limited primarily to mental health professionals.  Additionally, patient’s may now receive telemedicine services from their homes if they are receiving remote patient monitoring, whereas, prior to recent changes, locations for receiving services via telemedicine were limited to select categories of health care facilities.

If you or your practice currently provide telehealth services, or wish to do so in the future, contact Frier Levitt for guidance on how to benefit from this opportunity for expansion while ensuring compliance with both state and federal laws and regulations.