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Telemedicine Authorized in NY in Response to COVID-19

Allowing Telemedicine in Some Circumstances

Effective Date: 2020-03-16

Due to the outbreak of COVID-19, the WCB, Medicare & Medicaid are allowing telemedicine in some circumstances.


Emergency medical aid and telemedicine. (a) In the event of a serious accident requiring immediate emergency medical aid, an ambulance or any physician may be called to give first aid treatment. (b) Telemedicine, using an interactive audio and video telecommunications system that permits real-time communication between an authorized medical provider and a claimant in accordance with guidance from the Centers for Medicare & Medicaid Services, may be used by authorized providers where medically appropriate for social distancing purposes due to the outbreak of COVID-19 to assess current disability status. “Medically appropriate” includes discussion of test results or imaging, follow-up assessments, or counseling.


  • It does not include treatment where physical examination is a necessary component, such as initial visits or assessments, physical therapy or other types of manual therapy.

  • Use of these codes are limited to one unit per patient per day.


CPT CODE 99441 (telephone evaluation and management services provided to an established patient; 5-10 minutes of medical discussion);

CPT CODE 99442 (telephone evaluation and management services provided to an established patient; 11-20 minutes of medical discussion); and

CPT CODE 99443 (telephone evaluation and management services provided to an established patient; 21-30 minutes of medical discussion).


Acupuncture and Physical Therapy and Occupational Therapy (limited to 99441)

A new subdivision (d) of section 329-4.2 of Title 12 NYCRR is hereby added to read as follows: (d) Authorized acupuncturists, physical therapists, and occupational therapists shall use Common Procedural Technology (CPT) code 99441 (telephone evaluation and management services provided to an established patient; 5-10 minutes of medical discussion) when telemedicine is used in accordance with section 325-1.8 of this Title, notwithstanding this code not appearing in the Official New York Workers’ Compensation Acupuncture and Physical Therapy and Occupational Therapy Fee Schedule. Use of this code is limited to one unit per patient per day.


Social Workers

A new subdivision (c) of section 333.2 of Title 12 NYCRR is hereby added to read as follows: (c) Authorized providers, including psychologists and licensed clinical Rule Making Activities NYS Register/April 1, 2020 26 social workers, shall use the following Common Procedural Technology (CPT) codes when telemedicine is used in accordance with section 325- 1.8 of this Title, notwithstanding these codes not appearing in the Official New York Workers’ Compensation Behavioral Health Fee Schedule. Use of these codes are limited to one unit per patient per day. Use of these codes are not eligible for the enhanced reimbursement in Modifier 1B of Ground Rule 9. (1) 99441 (telephone evaluation and management services provided to an established patient; 5-10 minutes of medical discussion); (2) 99442 (telephone evaluation and management services provided to an established patient; 11-20 minutes of medical discussion); and (3) 99443 (telephone evaluation and management services provided to an established patient; 21-30 minutes of medical discussion).


Chiropractors (limited to 99441)

A new subdivision (c) of section 348.2 of Title 12 NYCRR is hereby added to read as follows: (c) Authorized chiropractors shall use Common Procedural Technology (CPT) code 99441 (telephone evaluation and management services provided to an established patient; 5-10 minutes of medical discussion) when telemedicine is used in accordance with section 325-1.8 of this Title, notwithstanding this code not appearing in the Official New York Workers’ Compensation Chiropractic Fee Schedule. Use of this code is limited to one unit per patient per day.


This notice is intended to serve only as an emergency adoption, to be valid for 90 days or less. This rule expires June 13, 2020.

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