N.Y. Comp. Codes R. & Regs. tit. 14 § 596.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 596.5 - Approval to Utilize Telehealth Services

(a) telehealth services may be authorized by the Office for licensed, designated or otherwise approved services provided by telehealth practitioners, as defined in section 596.4 of this Part, from a site distant from the location of a recipient, where the recipient is physically located at a provider site licensed by the Office, or the recipient's place of residence or other temporary location within or outside the state of New York . or the recipient's place of residence, other identified location, or other temporary location out-of-state. Services may be delivered via telehealth unless otherwise specified by guidelines established by the Office.

(b) A provider of services must obtain prior written approval of the Office before utilizing telehealth services. Once approved, such provider shall be accountable for ensuring compliance with all ethical and scope of practice requirements for the provision of such services by the telehealth practitioner.

(c) Approval shall be based on receipt by the Office of the following:

(1) Sufficient written demonstration that telehealth services will be used for assessment and treatment services licensed, designated, or authorized by the Office consistent with the provisions of this Part, guidelines established by the Office and that the services are being requested not to fulfill regulatory staffing requirements but because they are necessary to improve access and the quality of care of individuals receiving services or because they are necessary to address workforce shortages;

(2) Submission of policies and procedures and an attestation found in the guidelines established by the Office to provide telehealth services that satisfies the provisions of this Part and includes:

(i) confidentiality protections for persons who receive telehealth services, including measures to ensure the security of the electronic transmission;

(ii) procedures for assessing recipients to determine whether a recipient may be properly treated via telehealth services;

(iii) informed consent of persons who receive telehealth services and procedures for the withdrawal of such consent;

(iv) procedures for handling emergencies with persons who receive telehealth services; and

(v) contingency procedures to use when the delivery of telehealth service is interrupted, or when the transmission of the two-way interactions is deemed inadequate for the purposes of service provision.

(d) Requests for approval to offer telehealth services shall be submitted by licensed, designated, or authorized providers to the Field Office serving the area in which the program is located. Such Field Office may conduct a remote readiness review to either or both the originating, where non-residential, and distant sites prior to issuing approval.

(e) The Office shall provide its approval to utilize telehealth services in writing. The provider of services must retain a copy of the approval document and shall make it available for inspection upon request of the Office.

(f) Failure to adhere to the requirements set forth in this Part may be grounds for revocation of such approval. In the event that the Office determines that approval to utilize telehealth services must be revoked, it will notify the provider of services of its decision in writing. The provider of services may request an informal administrative review of such decision. The Commissioner may direct the provider to immediately suspend the provision of telehealth services pending review of a decision to revoke if there is reason to believe the safety or privacy of any recipient has been compromised as a result of telehealth service provision.

(1) The provider of services must request such review in writing within 15 business days of the date it receives notice of revocation of approval to utilize telehealth services to the Commissioner or designee. The request shall state specific reasons why such provider considers the revocation of approval incorrect and shall be accompanied by any supporting evidence or arguments.

(2) The Commissioner or designee shall notify the provider of services, in writing, of the results of the informal administrative review within 20 business days of receipt of the request for review. Failure of the Commissioner or designee to respond within that time shall be considered confirmation of the revocation of deemed status.

(3) The Commissioner's determination after informal administrative review shall be final and not subject to further administrative review.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 596.5

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