Update on Status of New York and Border State Regulation of Telehealth

In the budget for Fiscal Year 2022, New York State amended section 2999-cc of the Public Health Law related to the definitions of “originating site” and “distant site” for telehealth services. Most notably, the updated New York State telehealth regulations

• restrict the definition of “distant site” to require a provider to be located within the United States or its territories, as opposed to the prior open-ended definition; and
• broaden the definition of “originating site” by eliminating an expansive list of locations which previously included a patient’s New York residence or temporary locations outside of the state of New York.

The amendment to the statute was effective April 1, 2021

To ensure compliance with New York State telehealth regulations, MLMIC policyholders are encouraged to review the Fager, Amsler, Keller & Schoppmann, LLP (FAKS) summary of the changes and the status of New York and its bordering states’ telehealth regulation. MLMIC cautions that failure to adhere to the Public Health Law can result in significant fines. Please contact FAKS with any questions regarding the law or its applications.

Additionally, our insured physicians, other healthcare providers and facilities are reminded to monitor evolving guidance related to telehealth delivery on our blog and resource page.