Permits telemedicine services for mental and behavioral health issues under the workers' compensation system; permits one in-person visit within twelve months unless such in-person visit causes undue hardship on a patient.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A949
SPONSOR: Lunsford TITLE OF BILL:
An act to amend the workers' compensation law, in relation to permitting
telemedicine services for mental and behavioral health issues under the
workers' compensation system
PURPOSE OR GENERAL IDEA OF BILL:
This bill permits telemedicine services for mental and behavioral health
issues under the workers' compensation system
SUMMARY OF PROVISIONS:
Section 1 adds subdivision 15 to section 13-m of the workers' compen-
sation law to permit telehealth visits for psychological testing, treat-
ment and counseling by psychiatrists, psychologists and licensed clin-
ical social workers provided one in-person visit occurs within twelve
months of the first video telehealth visit and within six months of the
first audio-only telehealth visit unless (a) in the provider's profes-
sional judgment, an in-person visit is likely to cause disruption in
service delivery or has the potential to worsen the patient's condition,
or (b) would create undue hardship upon the patient or their family.
Section 2 is the effective date.
JUSTIFICATION:
This bill furthers the work done by the legislature in the SFY 2022
Budget in establishing telehealth parity for the provision of medical
services. Right now, injured workers, particularly those with mental or
behavioral health needs, face significant hurdles in obtaining treat-
ment. As has been highlighted since the COVID-19 pandemic, access to
medical care varies significantly depending on your location in New York
State. These barriers are complicated further by the limited number of
medical professionals who are licensed as eligible providers under the
workers' compensation system. For treatment of mental and behavioral
health issues caused by workplace injuries, it is too often the reality
that the nearest licensed provider is hundreds of miles away, and an
injured worker utilizing the workers' compensation system may only
receive treatment from such a licensed provider.
This bill will allow injured workers to obtain their necessary treatment
via telemedicine while still requiring an in-person visit where appro-
priate. This will ensure the delivery of timely and quality medical
treatment to New Yorkers injured in the workplace regardless of where
they live.
PRIOR HISTORY:
2024: Same Bill (A.1014/Lunsford) Died in Labor
2023: Same Bill (A.1014/Lunsford) Died in Labor
2022: Same Bill (A.10149/Rules/Lunsford) Died in Labor
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
949
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. LUNSFORD, SIMON -- read once and referred to the
Committee on Labor
AN ACT to amend the workers' compensation law, in relation to permitting
telemedicine services for mental and behavioral health issues under
the workers' compensation system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13-m of the workers' compensation law is amended by
2 adding a new subdivision 15 to read as follows:
3 15. Telehealth visits for psychological testing, treatment and coun-
4 seling by psychiatrists, psychologists and licensed clinical social
5 workers shall be permitted with one in-person visit within twelve months
6 of the first video telehealth visit and within six months of the first
7 audio-only telehealth visit unless (a) in the provider's professional
8 judgment, an in-person visit service is likely to cause disruption in
9 service delivery or has the potential to worsen the patient's condition,
10 or (b) would create undue hardship upon the patient or such patient's
11 family. A finding of undue burden shall include consideration of whether
12 travel to and from the in-person visit would cause undue financial
13 burden or unreasonable physical or mental distress.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01455-01-5
