N.Y. Comp. Codes R. & Regs. tit. 14 § 596.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 596.1 - Background and intent

(a) Telehealth is defined as the use of telehealth technologies by telehealth practitioners to provide mental health services at a distance. Such services do not include a n electronic mail message, text message, or facsimile transmission between a provider and a recipient, or a consultation between two professionals or clinical staff although these activities may support the delivery of services via telehealth. Additionally, such services do not include services provided where the originating and distant sites are the same location.

(b) Telehealth services may be provided only where clinically appropriate and with informed consent by the recipient . Where the recipient is a minor consent shall also be provided by the parent/guardian or other person who has legal authority to consent to health care on behalf of the minor. The recipient may withdraw consent at any time. A provider may not deny services to an individual who has a preference to receive services in-person.

(c) The Office of Mental Health (the Office) supports the use of telehealth services where it is in the best interests of the person served, in accordance with Office guidance, and is performed in compliance with applicable federal and state laws and regulations and the provisions of this Part in order to address legitimate concerns about privacy, security, recipient safety, and interoperability.

(d) Audio-only or audio-video communication is an acceptable option only when determined appropriate by the provider of service, in accordance with guidelines established by the Office, and with informed consent from the recipient. Where the recipient is a minor, consent shall also be provided by the parent/guardian or other person who has legal authority to consent to health care on behalf of the minor.

(e) Audio-only or audio-video communication is covered by Medicaid and the Child Health Insurance Plan to the extent consistent with regulations promulgated by the New York State Commissioner of Health pursuant to Section 2999-cc of the Public Health Law.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 596.1

Adopted New York State Register August 31, 2016/Volume XXXVIII, Issue 35, eff. 8/31/2016

Amended New York State Register July 3, 2019/Volume XLI, Issue 27, eff. 7/3/2019

Amended New York State Register September 28, 2022/Volume XLIV, Issue 39, eff. 9/13/2022