N.Y. Comp. Codes R. & Regs. tit. 14, § 596.5 – Approval to utilize telemental health services.

(a) Telemental health services may be authorized by the office for licensed or designated services provided by telemental health 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.
(b) A provider of services must obtain prior written approval of the office before utilizing telemental health 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 telemental health practitioner.
(c) Approval shall be based on receipt by the office of the following:
1. (1) sufficient written demonstration that telemental health services will be used for services licensed or authorized by the office consistent with the provisions of this Part, and that the services are being requested not to fulfill regulatory staffing requirements but because they are necessary to improve the quality of care of individuals receiving services, or because they are necessary to address workforce shortages;
2. (2) submission of a written plan to provide telemental health services that satisfies the provisions of this Part and includes:
  1. (i) confidentiality protections for persons who receive telemental health services, including measures to ensure the security of the electronic transmission;
  2. (ii) procedures for assessing recipients to determine whether a recipient may be properly treated via telemental health services;
  3. (iii) informed consent of persons who receive telemental health services;
  4. (iv) procedures for handling emergencies with persons who receive telemental health services; and
  5. (v) contingency procedures to use when the delivery of telemental health service is interrupted, or when the transmission of the two-way interactions is deemed inadequate for the purposes of service provision;
3. (3) for Personalized Recovery Oriented Services (PROS) programs, approval shall be contingent upon the following additional requirements:
  1. (i) telemental health services may only be delivered in a PROS setting by psychiatrists and nurse practitioners in psychiatry as defined in this Part;
  2. (ii) telemental health services may only be used for purposes of delivering PROS clinical treatment services for a limited period of time in which the PROS provider demonstrates a shortage of psychiatrists and nurse practitioners in psychiatry, such time not to exceed one year;
  3. (iii) upon demonstration of a continued shortage beyond one year, such time may be extended for a period not to exceed one additional year;
  4. (iv) the recipient must be physically located onsite of the PROS program in which the recipient is admitted;
4. (4) for Assertive Community Treatment (ACT) teams, approval shall be contingent upon the following additional requirements:
  1. (i) telemental health services may only be delivered within an ACT team by psychiatrists and nurse practitioners in psychiatry as defined in this Part, where the team has demonstrated a shortage of psychiatrists and nurse practitioners in psychiatry;
  2. (ii) when an ACT visit is conducted in the community, ACT staff must be present during the delivery of telemental health services;
  3. (iii) telemental health services may only be delivered for a limited period of time, not to exceed one year;
  4. (iv) upon demonstration of a continued shortage beyond one year, such time may be extended for a period not to exceed one additional year.
(d) Requests for approval to offer telemental health services shall be submitted by licensed or designated 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 and distant sites prior to issuing approval.
(e) The office shall provide its approval to utilize telemental health 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 telemental health 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 telemental health 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 telemental health service provision.
1. (1) The provider of services must request such review in writing within 15 days of the date it receives notice of revocation of approval to utilize telemental health 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. (2) The commissioner or designee shall notify the provider of services, in writing, of the results of the informal administrative review within 20 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. (3) The commissioner’s determination after informal administrative review shall be final and not subject to further administrative review.