Effective August 31, 2016, the New York Office of Mental Health ("OMH") adopted a proposed rule establishing basic standards and parameters for the use of telepsychiatry in certain OMH-licensed programs. As discussed in a previous Update, the rule defines "telepsychiatry" to mean the use of "two-way real-time interactive audio and video" to provide and support remote clinical psychiatric care. Importantly, the proposed rule expands the ability to provide telepsychiatry services to qualified mental health professionals, including physicians, licensed practical nurses, nurse practitioners, licensed psychologists, and physician assistants. In addition, the rule specifies the conditions for reimbursement for telepsychiatry services by Medicaid. The rule replaces the existing regulations, which allow for the use of telepsychiatry by OMH-licensed clinics only.

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