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Title: Section 538.1 - Definitions

Effective Date


Section 538.1 Definitions. Telehealth has the meaning set forth in Public Health Law Section 2999-cc and shall also include the following terms with the following meanings:

(a) “Audio-only visits” means the use of telephone and other audio-only technologies to deliver services.

(b) “eConsults” means the asynchronous or synchronous, consultative, provider-to-provider assessment and management services conducted through telephone, internet, or electronic health records.

(c) "Telehealth provider" is defined in Public Health Law Section 2999-cc(2) and shall also include:

(1) Voluntary foster care agencies certified by the New York State Office of Children and Family Services and licensed pursuant to article twenty-nine-I of Public Health Law, and providers employed by those agencies.

(2) Providers licensed or certified by the New York State Department of Education to provide Applied Behavioral Analysis therapy.

(3) Radiologists licensed pursuant to Article 131 of the Education Law and credentialed by the site from which the radiologist practices; 

(4) All Medicaid providers and providers employed by Medicaid facilities or provider agencies who are authorized to provide in-person services are authorized to provide such services via telehealth as long as such telehealth services are appropriate to meet a patient’s needs and are within a provider’s scope of practice.   

(d) “Virtual Check-in” means a brief communication via a secure, technology-based service initiated by the patient or patient’s guardian/caregiver, e.g., virtual check-in by a physician or other qualified healthcare professional.

(e) “Virtual Patient Education” means education and training for patient self-management by a qualified health care professional via telehealth.

Statutory Authority

Public Health Law, Sections 2999-cc(2)(y) and (4) and 2999-ee


VOLUME C (Title 18)