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 April:

• Telehealth reimbursement
• Cross-state telehealth practice and continuity of care
• Telehealth practice standards and supervision requirements
• Expansion of telehealth across provider types and care settings

A CLOSER LOOK

Proposed legislation and rulemaking:

• In New York, S 354 passed one chamber and would amend the state public health law to expand reimbursement for telehealth services. The bill would require that healthcare services delivered via telehealth be reimbursed on the same basis, at the same rate, and to the same extent as equivalent services provided in person. The bill clarifies that reimbursement would not extend to facility-based costs not incurred in the delivery of telehealth services.

Finalized legislation and rulemaking:

• Tennessee passed HB 2029, which enacts the Dietetics and Nutrition Practice Act. The legislation defines “telehealth” and authorizes licensed dietitians and nutritionists to provide medical nutrition therapy and other nutrition care services via real-time audio, video, or other media. It also permits certain out-of-state practitioners to provide telehealth services under specified conditions, including for continuity of care.
• Oregon enacted HB 4070, which expands Medicaid telemedicine reimbursement by broadening the categories of eligible providers, including licensed and certain unlicensed providers, community mental health programs, hospitals, and federally qualified health centers.
• Oregon enacted HB 4107, which establishes requirements for urgent care centers, including disclosure of whether telemedicine services are offered. When a provider is unavailable due to illness, emergency, or similar circumstance, an urgent care center may operate temporarily without a licensed healthcare provider onsite if a licensed provider is available via telemedicine and the patient is notified at the first point of contact that services will be delivered through telemedicine.
• Kansas enacted HB 2761, which expressly authorizes the use of telepractice in the delivery and supervision of speech-language pathology services. The law defines “telepractice” as the use of telecommunication and internet-based technology to provide remote intervention services and permits speech-language pathology assistants to deliver teletherapy under the direction of a licensed speech-language pathologist. It also allows supervising speech-language pathologists to satisfy direct supervision requirements via real-time audiovisual technology, provided they can observe and communicate with the assistant during service delivery.
• Kentucky enacted HB 424, which updates the regulation of social work practice and authorizes the provision of services via telehealth. It also establishes requirements for telehealth practice, including informed consent, confidentiality, accessibility, standards of care, documentation, and cross-jurisdiction practice.
• Maryland enacted HB 1483, which repeals the state board’s authority to issue temporary telehealth licenses for clinical professional counselors and social workers, and establishes a limited telehealth exception for continuity of care. Under the exception, certain out-of-state licensed clinical professional counselors may continue providing telehealth services to existing clients for up to six months following the client’s relocation.
• Vermont enacted H 84, which amends the state’s [...]
  
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