April 6, 2022

Linked, please find an Emergency Rule Making published in the State Register today by NYSDOH related to Telehealth Services to ensure continuity of care of telehealth services provided to Medicaid enrollees.

In particular, the regulation adds the following new Part of current NYSDOH regulations regarding State Reimbursement for Telehealth Services specific to authorized providers and telehealth modalities.  (Note:  Based on the discussion in the Regulatory Impact Statement on second page of the document (attached) referencing consultation with other agencies, we believe this Emergency Reg includes OMH and OASAS providers): 

• Section 538.1 Authorized providers. For purposes of medical assistance reimbursement, all Medicaid providers authorized to provide in-person services are authorized to provide such services via telehealth, as long as such telehealth services are appropriate to meet a patient’s health care needs and are within a provider’s scope of practice.
• Section 538.2 Acceptable telehealth modalities. In addition to the telehealth modalities set forth in section 2999-cc of the public health law, reimbursement shall be made for telehealth services provided by use of telephone and other audio-only technologies.

The rule took effect March 22 and remains effective through June 19th when it would need to be adopted, extended or repealed.  Please let us know if you have any questions.