A 949: 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.
The bill aims to allow telemedicine services for mental and behavioral health issues under the workers' compensation system. Telehealth visits for psychological testing, treatment, and counseling by psychiatrists, psychologists, and licensed clinical social workers are permitted. There is a requirement for one in-person visit within 12 months of the first video telehealth visit and within 6 months of the first audio-only telehealth visit, unless certain conditions are met. These conditions include that an in-person visit may cause disruption in service delivery or worsen the patient's condition, or create undue hardship upon the patient or their family. A finding of undue burden involves considering whether travel to and from the in-person visit would cause undue financial burden or unreasonable physical or mental distress. The bill takes effect immediately.
| May. 29, 2026 | RETURNED TO ASSEMBLY |
| May. 29, 2026 | PASSED SENATE |
| May. 29, 2026 | 3RD READING CAL.983 |
| May. 29, 2026 | SUBSTITUTED FOR S998 |
| Jan. 12, 2026 | REFERRED TO LABOR |
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