Trending in Telehealth highlights monthly 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 May:
• Controlled substances
• Mental and behavioral health
• Payment parity
A CLOSER LOOK
Proposed Legislation & Rulemaking:
- Alaska SB 83, which passed the Alaska Senate, would require health insurers to reimburse healthcare providers for healthcare services provided through telehealth on the same basis and at least at the same rate as for comparable healthcare services provided in-person.
- California AB 260, which passed the California State Assembly, would establish protections around access to medication abortion. The bill would require the Department of Health Care Services to update Medi-Cal provider enrollment procedures to allow remote service providers who offer reproductive healthcare services exclusively through telehealth modalities to enroll as Medi-Cal providers using an “administrative location” as their service address. The bill would exempt these administrative locations from certain requirements applicable to in-person locations. It would also permit the use of a cellular telephone as the primary business phone for reproductive healthcare providers. Further, the bill would expand the Medi-Cal definition of asynchronous store and forward to include asynchronous electronic transmissions initiated directly by patients, including through mobile telephone applications, and would authorize Medi-Cal providers to establish a new patient relationship using asynchronous store and forward if the visit is related to reproductive healthcare services. The bill has been referred to the California Senate.
- Colorado SB 48 passed both chambers of the Colorado General Assembly. If signed by the governor, the bill would require large group health benefit plans to offer policyholders the option to purchase coverage for US Food and Drug Administration (FDA)-approved anti-obesity medications, including at least one FDA-approved GLP-1 medication. The bill would also require such plans to provide coverage for intensive behavioral or lifestyle therapy and medical nutrition therapy, which may be provided by telehealth as a means of delivery.
- Louisiana HB 137 passed both chambers of the Louisiana State Legislature. If signed by the governor, the bill would authorize psychologists and medical psychologists to evaluate a patient via telehealth to execute an emergency certificate. Under an emergency certificate, a person who has a mental illness or a person who is suffering from a substance-related or addictive disorder may be admitted and detained at a treatment facility for observation, diagnosis, and treatment for a period not to exceed 15 days.
- New York A 949, which passed the New York State Assembly, would permit the use of telemedicine services for mental and behavioral health issues under the workers’ compensation system. The bill would require in-person visits within 12 months of the first telehealth visit and within six months of the first audio-only telehealth visit, unless the provider determined that an in-person visit was likely to cause disruption or create undue hardship on the patient or family. The bill has been referred to the New York Senate.
- Oregon HB 3727, which passed the Oregon House of Representatives, would allow licensed Oregon physicians and physician associates to use telemedicine to treat patients with whom they have an established provider-patient relationship and who are temporarily outside the state if the situation is urgent or emergent, or in order to ensure continuity of care. The bill acknowledges that the treating provider will be subject to the laws regulating the practice of medicine in the jurisdiction where the patient is located at the time of treatment. The exception will satisfy Oregon law, but the practice may not necessarily be permitted in the state in which the patient is located at the time of treatment. The bill has been referred to the Oregon Senate.
- South Carolina H 3223, which passed the South Carolina House of Representatives, would provide definitions and requirements concerning the use of telehealth for veterinary services. The bill provides that a veterinarian-client-patient relationship only may be established by an in-person physical exam. It also provides that a veterinarian-client-patient relationship may extend to other licensed veterinarians working out of the same physical practice location as the veterinarian who established the relationship if the other licensed veterinarians have access to and have reviewed the patient’s medical records and the condition is related to a prior medical condition. The bill has been referred to the South Carolina Senate.
Finalized Legislation & Rulemaking Activity:
- Georgia HB 567 was signed into law and goes into effect January 1, 2026. The law specifies that a dentist must have a physical office in the state, maintain relationships with in-person referral dentists, and ensure that teledentistry services adhere to existing standards for patient care, including privacy and consent requirements.
- Hawaii HB 951 was signed into law and went into effect May 16, 2025. The law allows a physician to prescribe a three-day supply of opiates via telehealth to a patient who has been seen in person by a healthcare provider within the same medical group.
- Indiana SB 473 was signed into law and enables prescription of agonist opioids through telehealth services, without an in-person visit, for the treatment or management of opioid dependence. This provision becomes effective July 1, 2025.
- Maine LD 239 was signed into law and will go into effect 90 days after the Maine State Legislature adjourns. The law permits retail pharmacies to operate licensed remote dispensing sites and directs the Maine Board of Pharmacy to adopt rules to establish the criteria that a remote dispensing site must meet to qualify for licensure. These rules must meet certain minimum statutory requirements. With regard to telehealth, the rules must authorize a licensed pharmacist to provide supervision, drug regimen review, and patient counseling through telehealth services.
- Maryland HB 869 and SB 372 were signed into law and went into effect June 1, 2025. The companion laws amend the definition of “telehealth” to permanently include certain audio-only telephone conversations. They also alter the circumstances under which healthcare practitioners are authorized to prescribe certain controlled dangerous substances for the treatment of pain through telehealth.
- Maryland HB 553 and SB 94 were signed into law and go into effect July 1, 2025. Beginning January 1, 2026, the Maryland Medical Assistance Program must provide coverage for self-measured blood pressure monitoring for certain eligible program recipients.
- Michigan issued several rules establishing procedures for the practice of telehealth for the following licensed professionals: chiropractors (R. 338.12021 through R. 338.12042), podiatrists (R. 338.8101 through R. 338.8153), speech language pathologists (R. 338.601 through R. 338.645), and doctors of osteopathic medicine (R. 338.111 through 338.143). The rules went into effect in May 2025.
- Nevada AB 183 was signed into law and goes into effect October 1, 2025. The law clarifies that the practice of optometry includes optometric telemedicine and that an assistant is authorized to perform the same activities under the direct supervision of a licensed optometrist in any setting where optometric telemedicine is practiced.
- Vermont S 30 was signed into law and goes into effect September 1, 2025. Health insurance plans must provide coverage for healthcare services and dental services delivered through telemedicine to the same extent the plan would cover the services if they were provided through in-person consultation. Health insurance plans also must provide the same reimbursement rate for services billed using equivalent procedure codes and modifiers, subject to the terms of the health insurance plan and provider contract, regardless of whether the service was provided in person or through telemedicine.
Compact Activity:
- The following states introduced bills to enact licensure compacts:
- The following states issued laws enacting licensure compacts:
- Audiology and Speech-Language Compact: Arizona.
- Dietitian Licensure Compact: Iowa, Oklahoma.
- Social Work Interstate Compact: South Carolina.
- Social Work Licensure Compact: New Jersey, Oklahoma.
Why it matters:
- States’ focus on payment parity facilitates greater telehealth access. Multiple states, including Alaska and Vermont, are advancing legislation to ensure telehealth services are reimbursed at parity with in-person care. This trend supports broader access to virtual care by incentivizing provider participation and reducing financial barriers for patients.
- Telehealth Integration Across Diverse Health Domains. From mental healthcare services under workers’ compensation in New York to veterinary services in South Carolina and teledentistry in Georgia, states continue to embed telehealth into a wide range of health services. This diversification continues the shift toward normalizing virtual care across the entire healthcare ecosystem, including rural and emergency contexts.
- States are increasingly allowing practitioners to provide telehealth services beyond state borders. By expanding interstate licensure agreements, access to skilled practitioners is improved, particularly in rural and underserved areas. These agreements also boost career prospects and streamline the licensing process across multiple states.
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.
