Albany, NY – This past week, the New York State Assembly passed Bills A.867, A.949/S.998, and A.1250/S.6853, co-sponsored by Assemblywoman Marianne Buttenschon. Together, these bills seek to improve upon public safety laws related to stalking, expand access to mental health services for those covered under workers compensation, and prohibit certain telemarketing phone calls during a declared state of emergency. The bills now head to the Senate where they await further consideration.
“These legislative accomplishments will work to ensure the continued safety of our communities, expand qualified mental healthcare options to those covered by workers compensation, and keep essential lines of communication clear during statewide emergency situations,” said Assemblywoman Buttenschon. Permitting Telemedicine Mental & Behavioral Health Services Under the Workers Compensation System (A.949)
Co-sponsored by Assemblywoman Marianne Buttenschon, and introduced by Assemblymember Jen Lunsford, Assembly Bill A.949 seeks to further establish telehealth parity for the provision of medical services throughout New York State by way of permitting covered access to telemedicine mental & behavioral health services for individuals covered under the workers compensation system. The purpose of the legislation is to remove undue
barriers to mental health services for those in the workers compensation system, which currently requires in-person appointments in order to qualify for coverage despite the system’s shortage of licensed eligible providers.
“For many New Yorkers, accessing mental & behavioral healthcare services is a significant challenge,” said Assemblywoman Buttenschon. “With a lack of in-person providers, especially in rural areas, this proposal will help to ensure that those in need receive the care they both need and deserve.” Key provisions of the proposal include:
● Amending the Workers Compensation Law to permit and cover telehealth visits for psychological testing, treatment, and counseling by psychiatrists, psychologists, and licensed clinical social workers.
● Requiring one in-person visit within twelve months of the initial telehealth appointment, or within six months of the first audio-only telehealth visit, unless such visit is determined by the provider to present an undue patient hardship or may worsen their condition.
The act received unanimous support in the Assembly Chamber, and now heads to the Senate’s Labor Committee where it awaits further action.
Recognizing the Role Bluetooth Technology Can Play in Facilitating Stalking (A.867)
While technology is a daily part of life for the vast majority of Americans, it is important to remember the risks it may pose to our safety when utilized by bad actors. Presently, the proliferation of affordable Bluetooth tracking devices has raised significant privacy and safety concerns, particularly for victims of domestic violence and stalking. These small, inexpensive devices, such as “AirTag” and “Tile”, can be easily concealed in personal
belongings, vehicles, or other items, and allow perpetrators to track their victims’ movements and locations without their knowledge or consent. Under the proposal presented in A.867, unauthorized usage of Bluetooth technology for the purposes of tracking a person’s movements or location would be explicitly recognized and
included in the definition of “following” as it relates to criminal stalking. Through this inclusion, the proposal would further align New York’s laws with emerging threats, and provide law enforcement with clearer tools to address technology-facilitated stalking, which is presently limited to GPS and other similar tracking devices. “When someone uses technology to stalk or harass another, they must be held accountable,” Buttenschon said. “Our laws must evolve alongside our technology, and afford no ambiguity that
improper use is a crime.” This act received unanimous support in the Assembly Chamber, and now heads to the Senate Codes Committee where it awaits further action.
Prohibiting Telemarketing Calls During Declared States of Emergency (A.1250)
Co-sponsored by Assemblywoman Buttenschon, this legislation, now referred to the Senate Consumer Protection Committee, clarifies the General Business Law to officially prohibit individuals from knowingly making an unsolicited telemarketing call during a statewide emergency declaration. The purpose of the law is to ensure clear lines of public communication during statewide emergency and disaster situations. The proposal further specifies the prohibition on unsolicited telemarketing calls shall apply only when the declaration of a state of emergency includes a finding that such calls would impair state and local actions taken to limit, control, or mitigate the emergency, and would be valid for up to a two-week period subject to renewal. “In an emergency, every phone call matters,” said Buttenschon. “This legislation ensures critical lines of communication will remain clear of disruption for New Yorkers when it matters most.”
Key provisions of the law include:
● Prohibiting unsolicited telemarketing calls following a declaration of a statewide state of emergency.
● Limiting the prohibition to situations in which an emergency declaration finds that such calls would impair state and local actions taken to limit, control, or mitigate the emergency
● Validating the prohibition for up to a two-week period, available to be renewed in persisting situations. This act additionally received unanimous support in the Assembly, and now heads to the Senate Consumer Protection Committee for further consideration.
About Assemblywoman Marianne Buttenschon
Assemblywoman Buttenschon represents the 119th District, encompassing the cities of Utica and Rome as well as surrounding towns and farming communities. A lifelong educator, public safety advocate, and small business supporter, she proudly serves on the Assembly’s Agriculture, Education, Higher Education, and Veterans Affairs Committees and chairs the Committee on Small Businesses. Her work is driven by transparency, accountability, and a commitment to strengthening the Mohawk Valley’s fut
