N.Y. Comp. Codes R. & Regs. tit. 14 § 596.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 596.4 - Definitions

For purposes of this Part:

(a) Collateral means a person who is a member of the recipient's family or household, or other individual who interacts with the recipient and is directly affected by or has the capability of affecting their condition and is identified in the treatment plan as having a role in treatment and/or is necessary for participation in the evaluation and assessment of the recipient.

(b) Distant or "hub" site means the distant secure location, as defined in Section 596.6(a)(1)(vi) of this Part, at which the practitioner rendering the service using Telehealth Services is located.

(c) Encounter means a recipient or collateral contact in which services are provided using telehealth services, and whereby the care of the recipient is the direct responsibility of both the Article 31 licensed, designated, or authorized provider of services in which the recipient is admitted at the time of the encounter and the distant telehealth practitioner.

(d) Encryption means a system of encoding electronic data where the information can only be retrieved and decoded by the person or computer system authorized to access it.

(e) Originating or "spoke " site means a site where the recipient is physically located at the time mental health services are delivered to them by means of telehealth services, which may include the recipient's place of residence, other identified location, or other temporary location out-of-state.

(f) Provider of services means a provider of mental health services licensed pursuant to Article 31 of the Mental Hygiene Law or designated or authorized by the Office to provide mental health services.

(g) Recipient means a person who is receiving telehealth services.

(h) Telehealth Technologies means a dedicated secure interactive audio and/or video linkage system approved by the Office to transmit data between an originating/spoke site and distant/hub site for purposes of providing telehealth services.

(i) Telehealth Practitioner means : health services from a distant or hub site in accordance with the provisions of this Part.

(i) a prescribing professional eligible to prescribe medications pursuant to federal regulations; or

(ii) staff authorized by OMH to provide in-person services are authorized to provide behavioral health services via telehealth consistent with their scope of practice where applicable, and in accordance with guidelines established by the Office.

(j) telehealth Services means the use of telehealth technologies by telehealth practitioners to provide and support mental health services at a distance. Such services do not include a n electronic mail message, text message, or facsimile transmission between a provider and a recipient, services provided where the originating and distant sites are the same location, or a consultation between two physicians or nurse practitioners, or other staff, although these activities may support telehealth services.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 596.4

Adopted New York State Register August 31, 2016/Volume XXXVIII, Issue 35, eff. 8/31/2016

Amended New York State Register July 3, 2019/Volume XLI, Issue 27, eff. 7/3/2019

Amended New York State Register September 28, 2022/Volume XLIV, Issue 39, eff. 9/13/2022