DOH Releases Telehealth Guidance

The Situation Report | October 2, 2023

Today, the state Department of Health (DOH) posted guidance on the use of telehealth by home care, hospice, adult day health care and adult care facilities. HCA had sought such guidance since publication of the February 2023 Medicaid Update which covered the use of telehealth for other providers following the expiration of the COVID-19 public health emergency.

The October 2, 2023 guidance states:

The current healthcare landscape is undoubtedly different than it was pre-pandemic, but there are limitations in program design, governing regulations, patient need, and in the overall technology infrastructure that discourage the immediate broad application of telehealth.

While telehealth may generally be acceptable in various circumstances with patient consent, it is not acceptable: 

  • For in-person initial medical, clinical, mental health, or dental assessments and follow-up visits;
  • To perform the Functional Supplement component of the Uniform Assessment System-New York (UAS-NY);
  • At any time when the patient is not able to access a secure location; or
  • As a substitute for in-person delivery of any personal care services by a provider licensed under Article 36 of the Public Health Law, or for the delivery of meals or congregate or rehabilitative activities or for required resident/patient supervision services in any setting.

While HCA thanks DOH for issuing this guidance, it still raises more questions and issues on which HCA will be seeking clarification.

Meanwhile, home care and hospice providers can submit their questions to homecare@health.ny.gov.