New York telehealth laws are set primarily by Article 29-G of the Public Health Law, which defines who can deliver telehealth, requires the same standard of care and informed consent as in-person visits, currently guarantees payment parity with office-based care, and works alongside state licensure rules, the SHIELD Act, and federal prescribing law. The parity guarantee is scheduled to expire on April 1, 2026, so 2026 is a decisive year for anyone billing telehealth in the state.
Who Can Deliver Telehealth in New York
Public Health Law §2999-CC defines “telehealth provider” broadly. It covers physicians, physician assistants, and dentists; nurse practitioners and registered nurses (RNs only for remote patient monitoring); podiatrists and optometrists; psychologists, licensed social workers, and speech-language pathologists or audiologists; midwives, physical therapists, and occupational therapists; certified diabetes, asthma, and genetic counselors; credentialed substance abuse counselors; and hospitals (including Article 28 facilities), home care agencies, and hospices.1New York State Senate. New York Public Health Law Section 2999-CC – Definitions
Each provider can only deliver services that fall within their existing professional scope. Telehealth is a delivery method, not a license expansion. A physical therapist cannot use a video platform to move into services they could not offer in person.
Where the Provider and Patient Can Be Located
The “distant site” — where the provider sits during the visit — can be any secure location within the 50 states or U.S. territories, so a New York-licensed provider working from out of state can treat New York patients remotely, as long as they remain enrolled in the relevant payer programs.2New York State Department of Health. NYS Medicaid Telehealth Policy Manual
Licensure runs the other direction, though. A provider treating a patient located in New York needs a current, valid New York license, permit, or limited permit issued through the State Office of the Professions. New York has not joined the Interstate Medical Licensure Compact. A bill to adopt it was introduced in the 2025–2026 session but has not been enacted as of early 2026.3New York State Senate. Senate Bill S1505 2025-2026 Legislative Session – Enacts the Interstate Medical Licensure Compact Out-of-state practitioners must go through the standard individual New York application. Declared public health emergencies can temporarily waive that requirement, as they did during COVID-19, but only for the length of the declared emergency.
Standard of Care and Informed Consent
A telehealth visit must meet the same clinical standard as an in-person visit. Evaluation, documentation, and follow-up all carry over, and medical records must be as complete as they would be for an office encounter.
Before the session starts, the provider has to obtain informed consent. For Medicaid patients, that means confirming the patient understands the advantages and disadvantages of telehealth, telling them they can request in-person care at any time, and making clear they will not be denied services for declining telehealth. For mental health services, the patient (or a minor’s parent or guardian) should also be told how to verify the provider’s professional license.4Cornell Law School. New York Codes Rules and Regulations Title 14 Section 596.6 – Requirements for Telehealth Services
Reimbursement Parity and the April 2026 Sunset
Under the current version of Public Health Law §2999-DD, Medicaid must reimburse telehealth services “on the same basis, at the same rate, and to the same extent” as the equivalent in-person service. Insurance Law §3217-h applies the same principle to private insurance: insurers cannot exclude coverage for a service solely because it is delivered by telehealth, and must reimburse at the same rate as in-person care. Patient cost-sharing (co-payments, coinsurance, deductibles) for a telehealth visit must be at least as favorable as for the equivalent office visit.5New York State Senate. New York Insurance Law Section 3217-H – Telehealth Delivery of Services
Both provisions are scheduled to expire on April 1, 2026.6New York State Senate. New York Public Health Law Section 2999-DD – Telehealth Delivery of Services The post-sunset version of §2999-DD still entitles telehealth to Medicaid reimbursement, but it drops the “same basis, same rate, same extent” language. Unless the legislature extends or replaces that language, rates could drop below the in-person equivalent. The 2025–2026 session is expected to consider an extension. No extension has been enacted as of early 2026.
Even under current parity rules, providers cannot claim facility fees or clinic-overhead costs if neither the patient nor the provider was physically at that facility during the visit. Article 28 facilities need to watch this carefully when submitting claims.
Billing Codes and Facility Fee Limits
For Medicaid audio-visual telehealth encounters, providers use modifier 95 or modifier GT to indicate a synchronous audio-video session. Other payers may prefer one over the other. Audio-only behavioral health services take modifier 93.2New York State Department of Health. NYS Medicaid Telehealth Policy Manual
The originating site (where the patient is) should be documented on professional claims with place-of-service code 02, 10, or 11. Originating-site practitioners at private offices, urgent care centers, or emergency departments seeking consultation from a distant provider can bill CPT code Q3014 for an originating-site fee. Skilled nursing facilities cannot bill Q3014.
Private insurers can still apply utilization management and quality assurance requirements, but only on terms consistent with what they use for in-person care. Denied claims are usually a documentation problem rather than a coverage problem, so verify each insurer’s prior authorization requirements before the visit.
Privacy, Security, and the SHIELD Act
Telehealth platforms must comply with HIPAA’s Security Rule, and New York layers on additional obligations. Providers need written protocols addressing confidentiality at both the patient’s location and the provider’s location, security safeguards for electronic communications, and quality-of-care standards at all telehealth sites.4Cornell Law School. New York Codes Rules and Regulations Title 14 Section 596.6 – Requirements for Telehealth Services
Under the Stop Hacks and Improve Electronic Data Security Act, “private information” in General Business Law §899-aa covers medical information, health insurance details, Social Security numbers, biometric data, and financial account numbers.7New York State Senate. New York General Business Law Section 899-AA – Notification That reaches essentially everything a telehealth practice holds.
When a breach of private information happens, you must notify affected patients in the “most expedient time possible” and report to the New York Attorney General, the Department of State, and the State Police, including timing, content, and the approximate number of affected individuals. If you determine a breach is unlikely to cause harm, that conclusion has to be documented in writing and kept for at least five years. When more than 500 New York residents are affected, the written determination must go to the Attorney General within 10 days.8New York State Attorney General. Stop Hacks and Improve Electronic Data Security Act (SHIELD Act)
Medical Record Retention
Telehealth records are subject to the same retention rules as any other medical record. Hospitals must keep records for at least six years from the date of discharge, or three years after a minor patient turns 18, whichever is longer, and at least six years after a patient’s death.9Cornell Law School. New York Codes Rules and Regulations Title 10 Section 405.10 – Medical Records
Electronic records are permitted, with their own requirements. Each entry must record the date, time, category of practitioner, mode of transmission, and point of origin. Security safeguards must include unique user identifiers assigned confidentially, written certification that identifiers remain confidential, access limited to authorized personnel, and audit capabilities that show who accessed which records. Providers also need a verification process to catch incomplete entries before they are finalized.
Prescribing Controlled Substances by Telehealth
The federal Ryan Haight Act generally requires at least one in-person medical evaluation before a practitioner can prescribe a controlled substance remotely. A temporary DEA/HHS rule has suspended that requirement through December 31, 2026, allowing DEA-registered practitioners to prescribe Schedule II through V controlled substances by telehealth without a prior in-person visit, provided they meet the rule’s conditions.10Federal Register. Fourth Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications This is the fourth temporary extension, so plan for the possibility that it is not renewed again.
New York adds its own requirement on top. When prescribing Schedule II, III, and IV controlled substances, prescribers must consult the state Prescription Monitoring Program, part of the Internet System for Tracking Over-Prescribing (I-STOP). The PMP shows a patient’s controlled substance dispensing history for the past year and is available 24/7 through the Health Commerce System.11New York State Department of Health. PMP/I-STOP – Prescription Monitoring Program – Internet System for Tracking Over-Prescribing The DEA flexibility does not override state prescribing standards; a full patient evaluation and complete records are still required.
Penalties for Violations
Under Public Health Law §230-a, a provider found guilty of professional misconduct can face censure and reprimand, license suspension (full or partial, for a fixed period or until conditions such as retraining are met), license revocation or annulment, practice limitations restricting the provider to a specified area or type of practice, fines up to $10,000 per specification of charges, mandatory education or training, and up to 500 hours of public service. Minor or technical violations handled through the expedited violations-committee process can draw a censure, up to 25 hours of public service, or a fine of up to $500 per specification.12New York State Department of Health. New York Public Health Law Section 230 – State Board for Professional Medical Conduct
Education Law §6530 defines professional misconduct broadly, covering negligence or gross negligence, practicing while impaired, obtaining a license fraudulently, and filing false reports.13New York State Department of Health. New York State Education Law Section 6530 – Definitions of Professional Misconduct Each of those can arise in a telehealth encounter as easily as in an office visit, and billing standards apply identically to both.