July 6, 2022

Please find linked an Emergency Rule Making published today in the State Register by NYSDOH related to Telehealth Services with the stated purpose of ensuring continuity of care of telehealth services provided to Medicaid enrollees.  The rule includes the following two provisions:

• Authorized Providers: For purposes of Medicaid 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; and
• Acceptable Telehealth Modalities. Medicaid reimbursement shall be made for telehealth services provided by use of telephone and other audio-only technologies.

This emergency rule will expire August 15, 2022 when it will need to be adopted, extended or withdrawn.

*It should be noted that while DoH oversees the NYS Medicaid Telehealth Program, the Commissioners’ at OASAS and OMH have been issuing periodic Commissioner’s Emergency Waivers that continue many of the flexibilities (including telehealth flexibilities) adopted on an emergency basis, when the COVID-19 pandemic first began.  Recently, OMH extended its’ Waiver through 10/4/22.  The most recent OASAS Waiver is scheduled for renewal/expirations, etc. on / about July 15.  It seems pretty clear OASAS will act in a similar fashion to OMH when the time comes, but we will let you know in writing as soon as OASAS makes it public.