Trending in Telehealth: April 16 – April 22, 2024

By and on April 23, 2024
Posted In Telehealth

Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate the delivery of virtual care.

Trending in the past week:

  • Interstate compacts
  • Professional standards and licensure
  • Reimbursement requirements and payment parity


Finalized Legislation & Rulemaking

  • Nevada’s Physical Therapy Board adopted a final rule which permits physical therapists to use telehealth in accordance with the provisions of Nevada’s general telehealth law (Rev. Stat. 629.515).
  • Nebraska enacted legislation, LB 932, which adopts the Social Worker Licensure Compact.

Legislation & Rulemaking Activity in Proposal Phase


  • In Illinois, HB 5087 passed the first chamber. The bill provides that physical therapy through telehealth services may be used to address access issues to care, enhance care delivery or increase the physical therapist’s ability to assess and direct the patient’s performance in the patient’s own environment. It also provides that a physical therapist or a physical therapist assistant working under the general supervision of a physical therapist may provide physical therapy through telehealth services pursuant to the terms and use defined in the Telehealth Act and the Illinois Insurance Code under specified conditions.
  • In Tennessee, SB 1862 and mirroring HB 1863 passed the second chamber. The bill would adopt the Dietician Licensure Compact.
  • In Minnesota, SF 4399 passed the second chamber. The bill specifies that subject to federal approval, substance use disorder services that are otherwise covered by the state’s Medicaid program as direct face-to-face services may be provided via telehealth as defined in section 256B.0625, subdivision 3b. The use of telehealth to deliver services must be medically appropriate to the condition and needs of the person being served. Reimbursement shall be at the same rates and under the same conditions that would otherwise apply to direct face-to-face services.
  • In Ohio, proposed rules by the Chemical Dependency Professionals Board would provide guidance regarding the ethics and professional conduct of practice for certificate holders and licensees overseen by the Chemical Dependency Board, which includes chemical dependency counselor assistants, licensed chemical dependency counselors and licensed independent chemical dependency counselors, when using telehealth.

Why it matters:

  • States continue to amend and clarify professional practice standards for telehealth. With the increase in the delivery of care through virtual modalities, professional boards are adopting standards governing telehealth practice across multiple health professions and revising existing standards to reflect current technologies and practices to ensure there is consistency across the professions. This week, we saw a particular emphasis in practice standards impacting physical therapists and substance use disorder professionals who provide services via telehealth.
  • States continue to evaluate reimbursement standards as they relate to delivery of care provided via telehealth. State efforts, such as the bill in Minnesota (highlighted above), help to promote access to telehealth by giving patients a choice to seek telehealth visits for medically necessary care and provide coverage for such visits at the same rates and under the same conditions that would otherwise apply to direct face-to-face services.

Telehealth is an important development in care delivery, but the regulatory patchwork is complicated. The McDermott digital health team works alongside the industry’s leading providers, payors and technology innovators to help them enter new markets, break down barriers to delivering accessible care and mitigate enforcement risk through proactive compliance. Are you working to make healthcare more accessible through telehealth? Let us help you transform telehealth.

Amanda Enyeart
  Amanda Enyeart maintains a general health industry and regulatory practice, focusing on fraud and abuse, information technology and digital health matters. Amanda advises health care industry clients in all aspects of software licenses and other agreements for the acquisition electronic health record (EHR) systems and other mission critical health IT.  Amanda’s health care IT transactional experience also includes advising clients with respect to software development, maintenance, service and outsourced hosting arrangements, including cloud-computing transactions. Read Amanda Enyeart's full bio.

Jayda Greco
Jayda Greco works at the intersection of healthcare regulatory, privacy and compliance, product counseling and marketing law, with particular emphasis on digital health products and services. Often working cross-functionally with stakeholders in sales, finance, marketing and product, Jayda is adept at devising creative and practical legal solutions for digital health initiatives to meet business objectives. View Jayda's full bio here.




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