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Trending in Telehealth: April 9 – April 15, 2024

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

A CLOSER LOOK

Finalized Legislation & Rulemaking

  • Michigan enacted a final rule that outlines telehealth practice standards including consent to telehealth, referrals to in-person providers (when needed), delegation of prescribing of controlled substances to advanced practice registered nurses, training standards related to human trafficking, licensure and continuing education.
  • Delaware enacted a final rule related to social work practice. The amendments change the requirements for direct supervision in post-degree supervised clinical social work experience for licensure applicants to specify that supervision may be through 100% live video conferencing at the discretion of the supervisor. Telehealth requirements are revised to exempt individuals practicing through a Delaware interstate telehealth registration from the prerequisite that the individual hold a Delaware license.
  • Tennessee enacted SB 1674, which directs the bureau of TennCare to – no later than December 31, 2024 – amend existing rules, or promulgate new rules, on fee-for-service and Medicaid managed care plans regarding reimbursement (specifically, to allow for the reimbursement of remote ultrasound procedures and remote fetal nonstress tests using established CPT codes for such procedures when the patient is in a residence or other off-site location that is separate from the patient’s provider and meets the same standard of care).

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

  • In New Jersey, A 2803 passed the first chamber. If enacted, the bill would authorize certain out-of-state healthcare professionals and recent graduates of healthcare training programs to practice in the state upon application for licensure/certification in the state, but before such license is granted.
  • In Texas, HB 1771 passed one chamber. If enacted, the bill would require that each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry or telehealth adopt rules necessary to standardize formats for and retention of records related to a patient’s consent to: (i) treatment, (ii) data collection and (iii) data sharing.
  • In Minnesota, SF 4399 passed both chambers. If enacted, the bill would provide that, subject to federal approval, substance use disorder services that are otherwise covered 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 would need to be medically appropriate to the condition and needs of the person being served. Reimbursement would be at the same rates and under the same conditions that would otherwise apply to direct face-to-face services.
  • In Alabama, SB 207 passed one chamber. If enacted, the bill would adopt the dietitian licensure compact. In Tennessee, HB 1863 (paired with SB 1862) also passed one chamber, and if enacted, would [...]

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Trending in Telehealth: April 2 – April 8, 2024

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 supervision requirements
  • Reimbursement requirements

A CLOSER LOOK

Finalized Legislation & Rulemaking

  • Arizona enacted SB 1173, enacting the counseling compact.
  • Mississippi enacted SB 2157 (mentioned in last week’s post) adopting the Psychology Interjurisdictional Compact.
  • Kentucky enacted both bills mentioned in last week’s blog post:
  • SB 255 establishes requirements and standards for the provision of social work services via telehealth.
  • SB 111: Requires health benefit plans, limited health service benefit plans, Medicaid and state health plans to provide coverage for speech therapy provided in person or via telehealth.
  • West Virginia also enacted rulemaking pertaining to the practice of licensed dietitians. Specifically, the rulemaking established procedures for the practice of telehealth by licensed dietitians. The rule provides for relevant telehealth definitions, licensure standards, establishing a practitioner-provider relationship solely via telehealth and standards of telehealth practice (e.g., consent, identify verification, standards for confidentiality, etc.).
  • Arizona enacted rulemaking, applicable to the Medicaid program, which requires the Arizona Department of Health Services (Department) to allow a healthcare provider who is not licensed in Arizona to provide telehealth services to a client located in Arizona if the healthcare provider registers with the Department and pays a registration fee. Providers who register with the Department must maintain a statutory agent for service of process in the state and ensure the provider’s professional liability insurance policy includes coverage for telehealth services provided to clients in Arizona, among other requirements.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

  • Wyoming enacted emergency rulemaking which provides that a physician or physician assistant who has established a provider-patient relationship in another state with a patient who is a resident of Wyoming may provide continued care to the patient via telehealth without a Wyoming physician or physician assistant license subject to the following:
  • (i) The provider-patient relationship must have been established in an in-person encounter in a state in which the physician or physician assistant is licensed;
  • (ii) Subsequent care may be provided to the patient via telehealth while the patient is in Wyoming if the care is a logical and expected continuation of the care provided in an in-person encounter in the state where the physician or physician assistant is licensed. If the patient is presenting with new medical conditions, or conditions that the standard of care dictates an in-person encounter is needed, patient must either return to the state in which the physician or physician assistant is licensed for care or must be referred to a Wyoming-licensed healthcare provider.
  • (iii) The telehealth care may continue for up to six months after the establishment of the provider-patient relationship in another state, after which an in-person encounter must take place in a jurisdiction where the physician or physician assistant is [...]

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Trending in Telehealth: March 26 – April 1, 2024

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
  • Reimbursement requirements
  • Professional standards

A CLOSER LOOK

Finalized Legislation & Rulemaking

  • West Virginia enacted SB 522, which specifies that an emergency medical services agency may triage and transport a patient to a destination other than a hospital, dialysis center, skilled nursing facility or residence within the state or treat the patient in place if the ambulance service is coordinating the care of the patient through medical command or telehealth services. The bill also requires insurance plans to provide coverage for those services. SB 522 further requires the West Virginia Office of Emergency Medical Services to establish related protocols by October 1, 2024.
  • West Virginia also enacted rulemaking pertaining to the practice of medical imaging and radiation therapy technologists. The rulemaking includes a provision stating that telehealth practice is inapplicable to the practice of a medical imaging and radiation therapy technologist.
  • Maine enacted LD 1965, which provides telehealth standards for optometrists, including requirements for establishing an optometrist-patient relationship via telemedicine. While the bill establishes new flexibilities to allow for telehealth and provides relevant practice standards and definitions for telehealth practice, it also includes limiting language requiring either an in-person visit or an established relationship with the patient.
    • For example, an optometrist-patient relationship is established when an individual agrees to receive ocular or healthcare services from the licensee and there has been an in-person encounter between the licensee and the individual, unless the standard of care requires that an individual be seen without an in-person visit, such as in an emergent situation as reasonably determined by the licensee.
    • The bill also provides a pathway for an optometrist-patient relationship in which a licensee who uses telehealth in providing care and a patient who receives telehealth services through consultation with another licensee or other healthcare provider and who has an established relationship agrees to participate in, or supervise, the patient’s care through telehealth.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

  • Three states – Kansas, Tennessee and Colorado – either introduced or progressed legislation relating to the Social Work Licensure Compact.
    • In Kansas, SB 2484 passed both chambers.
    • In Tennessee, HB 2405 also passed both chambers.
    • In Colorado, SB 24-1002 passed the first chamber.
  • In Arizona, SB 1173 passed both chambers. If enacted, the bill would adopt the Counseling Compact.
  • In Mississippi, SB 2157 passed the second chamber. If enacted, the bill would adopt the Psychology Interjurisdictional Compact.
  • In Tennessee, JB 2587 passed the second chamber. If enacted, the bill would revise the state’s insurance code to remove from the definition of “provider-based telemedicine” the requirement that [...]

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Trending in Telehealth: March 5 – March 11, 2024

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
  • Expanding Telehealth

A CLOSER LOOK

Finalized Legislation and Rulemaking:

  • In South Carolina, the governor signed H 4159, the South Carolina Telehealth and Telemedicine Modernization Act, which establishes uniform baseline standards for all professionals licensed by a licensing board in the state providing services via telehealth. The act also revises the provisions of the Medical Practice Act related to telehealth, including addressing ongoing telehealth treatment provided by an out-of-state physician not licensed in South Carolina, as well as implementing standards for licensees solely providing services via telehealth (including evaluation, recordkeeping, follow-up care and prescribing standards).

Legislation & Rulemaking Activity in Proposal Phase:

Highlights:

  • In Arizona, SB 1267 passed the first chamber. If enacted, the bill would permit physical therapists to supervise physical therapy assistants through certain telehealth modalities.
  • In Colorado, HB 24-1048 passed both chambers. If enacted, the bill would specify that an in-person, physical examination of an animal is required to establish a veterinarian-client-patient relationship and would extend that relationship to other licensed veterinarians who share the same physical premises if those other veterinarians have access to and have reviewed the patient’s records. It would also permit veterinarians, with consent of the client, to provide veterinary services—including prescribing medication—via telemedicine to clients and patients located in Colorado with an established veterinarian-client-patient relationship. The bill establishes recording-keeping, confidentiality, and privacy requirements related to the use of telehealth and empowers the Colorado State Board of Veterinary Medicine to issue rules further regulating the use of telehealth. It also permits a license veterinarian to utilize tele-supervision of veterinary personnel if certain conditions are met.
  • In Hawaii, HB 2079 passed the first chamber. If enacted, this bill would, among other things, allow a practitioner who is licensed in Hawaii to prescribe schedule III and IV controlled substances, including testosterone, for the purpose of providing gender-affirming care while the practitioner is located outside the State and without conducting an in-person consultation with the patient, provided that the practitioner prescribes the controlled substances via a synchronous audio-visual telehealth interaction.
  • In Idaho, HB 684 passed the first chamber. If enacted, the bill would permit telebehavioral health services to be provided on public school premises.
  • In Kentucky, SB 111 passed the first chamber. If enacted, the bill would require health benefit plans, limited health service benefit plans, Medicaid, and state health plans to provide coverage for speech therapy provided via telehealth.
  • In Kentucky, SB 255 passed the first chamber. If enacted, the bill would establish requirements and standards for providing social work services via telehealth.
  • In Mississippi, HB 177 and SB 2157 both passed the first chamber. If enacted, these bills would enter Mississippi into the Dietician Licensure Compact and the Psychology Interjurisdictional [...]

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Trending in Telehealth: February 27 – March 4, 2024

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
  • Expanding telehealth
  • Regulation of teledentistry

A CLOSER LOOK

Legislation & Rulemaking Activity in Proposal Phase:

Highlights:

  • In Arizona, HB 2446 passed the first chamber. If enacted, the bill would establish licensing requirements for dietician nutritionists and nutritionists, which would allow for the delivery of dietetic and nutrition services via telehealth.
  • In Florida, HB 849 passed both chambers. If enacted, the bill would establish requirements for the delivery of veterinary telehealth services by Florida-licensed veterinarians.
  • In Florida, HB 855 passed both chambers. If enacted, the bill would, among other changes, require dental practice to designate a dentist of record with the Florida Board of Dentistry. It would also require dentists to perform an in-person examination of a patient or to obtain records of an in-person evaluation before initiating orthodontic treatment. The proposal would also require that dentists placing advertisements of dental services provided through telehealth include a disclaimer recommending an in-person examination for each of the following services: an impression or digital dental scan, denture services, placement of an appliance or other structure, and orthodontic treatment. Under the proposal, failure to comply with the evaluation requirement and failure to provide patients with contact information of each dentist who is providing dental services to a patient would be grounds for discipline.
  • In Georgia, HB 844 passed the first chamber. If enacted, the bill would establish licensing requirements for dietician nutritionists and nutritionists, which would allow for the delivery of dietetic and nutrition services via telehealth.
  • In Georgia, HB 441 passed the first chamber. If enacted, the bill would, among other requirements, require a dentist intending to provide care via teledentristry to notify the Georgia Board of Dentistry and to provide documentation that the dentist had established a referral relationship with a dentist capable of providing in-person dental care at a location within the state meeting certain geographic requirements. A dentist providing teledentistry would be permitted to authorize dental hygienists to perform certain dental hygiene functions, prescribe noncontrolled prescriptions and authorize the performance of digital scans and the transmission of patient records to the dentist. The proposed bill would require dentists to perform an initial in-person examination and an in-person exam at least once every 12 months to provide teledentistry services to a patient, except for patients seen in certain specified settings. It would also require dentists to obtain written authorization to a patient with information about the treating dentist and dental hygienist and obtain informed consent after providing a written statement advising the patient that teledentistry was not equivalent to an in-person clinical exam and that the dentist would not physically be present. The bill would prohibit an insurer from excluding coverage for a service [...]

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Trending in Telehealth: February 12 – February 26, 2024

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

A CLOSER LOOK

Finalized Legislation & Rulemaking

  • South Dakota enacted the Counseling Compact, making it the 33rd state to ratify the compact.
  • South Dakota also adopted HB 1029, which specifies that licensed hearing aid dispensers and audiologists can deliver services via telehealth provided they are of the same quality as services delivered face-to-face.
  • In Texas, the Commission of Licensing and Regulation adopted rules that reorganize and revise telehealth standards for behavioral analysts. The changes include better aligning the telehealth practice standards with those for other professions regulated by the Department of Licensing and Regulation. Similarly, the Commission of Licensing and Regulation adopted a rule addressing supervision for behavioral analysts, which includes provisions addressing supervision via telehealth.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

  • In Arizona, SB 1036 passed the first chamber. If enacted, the bill would enact the Social Work Licensure Compact.
  • In Florida, SB 7016 passed both chambers. If enacted, the bill would enter Florida into the Interstate Medical Licensure Compact.
  • In Louisiana, the Behavior Analyst Board proposed rules governing behavioral analyst practice, including establishing telehealth practice standards.
  • In Oklahoma, the Board of Examiners in Optometry proposed rule 505:10-5-19 that would address telemedicine practice by optometrists and, among other things, prohibit an optometrist from prescribing contact lenses or spectacles via a telemedicine encounter. The rule would also establish requirements for informed consent and practice requirements associated with a telemedicine visit.
  • In Tennessee, SB 2134 and HB 2405 each passed one chamber. If enacted, the bills would enact the Social Work Licensure Compact.
  • In Utah, SB 24 passed both chambers. If enacted, the bill would require Medicaid reimbursement for telepsychiatric consultations between a physician assistant and a psychiatrist. The law currently requires reimbursement only for telepsychiatric consultations between a physician and a psychiatrist.
  • In Virginia, HB 326 passed the first chamber. If enacted, the bill would enter Virginia into the Counseling Compact.
  • In West Virginia, HB 4110 passed the first chamber. If enacted, the bill would authorize the state’s Board of Licensed Dietitians to promulgate a legislative rule relating to telehealth practice, requirements and definitions.
  • In Wisconsin, SB 158 passed both chambers and awaits the governor’s signature. If enacted, the bill would enact the Social Work Licensure Compact.

Why it matters:

  • States continue to increase activity surrounding licensure compacts for a variety of health professionals. These state efforts ease the burdens of the licensing process and demonstrate a desire to facilitate multijurisdictional practice without giving up [...]

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Trending in Telehealth: February 5 – 12, 2024

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
  • Facilitation of connectivity and data exchange
  • Professional standards

A CLOSER LOOK

Finalized Legislation & Rulemaking

  • South Dakota enacted the Social Work Licensure Compact, becoming the second state to enact the compact. Missouri enacted the compact in July 2023. The compact will become active once enacted by seven states. According to the National Center for Interstate Compacts, 24 other states have introduced the compact.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

  • In Idaho, HB 393 passed the first chamber. If enacted, it would enter Idaho into the Counseling Compact.
  • In Indiana, SB 132 passed the first chamber. Currently, Indiana law provides that an out-of-state provider licensed in Indiana may not provide telehealth services in Indiana until the provider and their employer/contractor have filed a certification with the Indiana Professional Licensing Agency that the provider and employer/contractor agree to be subject to Indiana jurisdiction and Indiana substantive and procedural laws. If enacted, the bill would remove the requirement to file the certification, though providers would still be subject to Indiana jurisdiction and Indiana substantive and procedural laws, and the provision of health services (rather than the filing of the certification) would constitute a voluntary waiver of other jurisdictional rights.
  • In West Virginia, HB 5310 passed the first chamber. If enacted, the bill would enact the Remote Patient Outcome Improvement Act to authorize insurers and providers to partner with internet service providers to facilitate the transmission and analysis of vital signs and medical device data.
  • In Wisconsin, the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board proposed a rule that would update telehealth practice standards by defining telehealth, creating of a new subsection that establishes standards of telehealth practice, amending the definitions of “face-to-face” and “supervision” to include telehealth practice, and amending of unprofessional conduct provisions to incorporate telehealth practice.

Why it matters:

  • States continue to increase activity surrounding licensure compacts for a variety of health professionals. These state efforts ease the burdens of the licensing process and demonstrate a desire to facilitate multijurisdictional practice without giving up authority over professional licensure.
  • Measures emphasizing connectivity and infrastructure complement the increasing availability of reimbursement for remote monitoring and other virtual care modalities. States propose measures such as West Virginia’s Remote Patient Outcome Improvement Act with the expectation that they will help reduce costs of avoidable emergency room and other medical visits when paired with remote monitoring programs.
  • 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 [...]

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Trending in Telehealth: January 29 – February 5, 2024

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
  • Medicaid coverage
  • Private payor coverage

A CLOSER LOOK

Legislation & Rulemaking Activity in Proposal Phase
Highlights:

  • In Michigan, HB 4579 and HB 4580 passed both chambers. If enacted, the bills would require coverage parity of telehealth services in health plans and Medicaid, respectively.
  • In New Hampshire, SB 318 passed the first chamber. If enacted, the bill would enter New Hampshire into the Social Work Licensure Compact.
  • In South Carolina, H 4159 passed both chambers. If enacted, the bill would create a new “South Carolina Telehealth and Telemedicine Modernization Act,” which would regulate all licensees providing services via telehealth. The bill would also revise the Medical Practice Act statutes related to telehealth, including addressing ongoing care provided by an out-of-state physician not licensed in telehealth, as well as implementing standards for licensees solely providing services via telehealth (including evaluation, recordkeeping, follow-up care and prescribing standards).
  • In South Dakota, HB 1012 and HB 1015 passed the first chamber. If enacted, the bills would enter South Dakota into the Counseling Compact and Social Work Licensure Compact, respectively.
  • In Tennessee, SB 1862 and HB 1863 passed the first chamber. If enacted, the bills would enter Tennessee into the Dietitian Licensure Compact.
  • In Tennessee, HB 2461 and SB 1674 passed the first chamber. If enacted, the bills would allow for Tennessee’s Medicaid program to reimburse qualifying remote ultrasound procedures and remote fetal nonstress tests when the patient is in a residence or other off-site location that is separate from the patient’s provider and the same standard of care is met.
  • In Utah, HB 44 passed both chambers. If enacted, the bill would enter Utah into the Social Work Licensure Compact.
  • In Utah, SB 24 passed the first chamber. If enacted, the bill would amend the statute providing for Medicaid reimbursement for telepsychiatric consultations to require coverage for telepsychiatric consultations conducted by physician assistants.
  • In Virginia, SB 2500 passed the first chamber. If enacted, the bill would require the Virginia Department of Medical Assistance Services to modify the state plan for medical assistance to include a provision allowing for reimbursement for remote ultrasound procedures and remote fetal nonstress tests under certain conditions.

Why it matters:

  • There continues to be an increase in activity surrounding licensure compacts. This includes established compacts, such as the Counseling Compact and Social Work Licensure Compact, as well as the Dietician Licensure Compact, which recently finalized its model legislation and has not yet been enacted in any states. In general, these state efforts ease the burdens of the licensing [...]

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Trending in Telehealth: January 22 – 29, 2024

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
  • Scope of practice
  • Medicaid reimbursement

A CLOSER LOOK

Finalized Legislation & Rulemaking

  • Arkansas passed final rule, which provides Medicaid coverage for ambulance telemedicine triage services. Specifically, an ambulance service may triage and transport a beneficiary to an alternative destination or treat in place if the ambulance service is coordinating the care of the beneficiary through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

  • Florida proposed a rule to clarify the Board of Psychology’s supervised experience requirements in light of recent statutory changes involving telehealth.
  • Iowa proposed rules to clarify the scope of practice including recordkeeping, ethical practice standards, and use of telehealth visits for occupational therapists and occupational therapy assistants and physical therapists and physical therapist assistants.
  • Nevada proposed a rule to define a social workers’ scope of practice and licensure requirements and clarify when services may be provided through telehealth to a client outside the State of Nevada, among other things.
  • South Carolina progressed H 4159 in the second chamber to enact the South Carolina Telehealth and Telemedicine Modernization Act. The bill defines necessary terms and provides requirements for certain regulated healthcare professionals who provide healthcare by means of telehealth; amends definitions in the medical practice act to define “telehealth”; and amends law relating to the practice of telemedicine to revise requirements for the practice of telemedicine and to include provisions concerning telehealth.
  • South Dakota progressed HB 1015 in the second chamber to adopt the social work licensure compact.
  • Utah progressed SB 24 in the first chamber. The bill clarifies the scope of practice of physician assistants to include telepsychiatry services.

Why it matters:

  • States continue to progress laws clarifying the use of telehealth within a practitioners’ scope of practice. This week, Florida, Iowa, Nevada and Utah proposed rules or progressed legislation clarifying that several healthcare practitioners’ scope of practice include the use of telehealth.

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.




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Trending in Telehealth: January 16 – 22, 2024

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
  • Behavioral health
  • Expanding telehealth

A CLOSER LOOK

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

  • Florida progressed SB 7016, which expands the telehealth minority maternity care pilot program to a statewide program; enacts the interstate medical licensure compact; and enacts the audiology and speech-language pathology interstate compact.
  • Oklahoma proposed a rule to include the use of telemedicine within the optometrist’s scope of practice under certain circumstances and clarify medication dispensation and storage requirements.
  • South Dakota progressed HB 1015 to adopt the social work licensure compact.
  • Texas proposed rule to expand the existing Department of Health’s Emergency Medical Care rules by providing telemedicine options in non-rural counties and expanding the use of telemedicine in rural counties, by integrating the use of telemedicine by Advanced Practice Provider (APP) in Rural Level IV trauma facilities under certain circumstances.
  • Utah progressed HB 44 to adopt the social work licensure compact.
  • Wisconsin proposed a rule to amend current standards of practice for supervising physical therapist assistants to incorporate new telehealth practices. Specifically, the current supervision rules require supervision physical therapists to provide on-site assessment and reevaluation of each patient at least once each calendar month or every 10th treatment day, whichever is sooner, while new telehealth practices permit patients to receive treatments using telehealth. The new rule will resolve the conflict between the on-site assessment and reevaluation requirements for supervision and patients’ ability to schedule telehealth visits.
  • Wisconsin progressed AB 573 and AB 541to the second chamber. AB 573 directs the Department of Health Services to establish a pilot program to implement virtual behavioral health crisis care services for use by county or municipal law enforcement agencies in the field to connect law enforcement officers who encounter persons in crisis to behavioral healthcare services. AB 541 provides that no mental health care provider may be required to be licensed, registered, certified, or otherwise approved to practice in the state to provide mental health services by telehealth to patients located in the state unless mental health care provider satisfies certain conditions.

Why it matters:

  • There continues to be elevated activity surrounding licensure compacts. This week, Florida, South Dakota and Utah progressed laws to adopt interstate licensure compacts.
  • States continue to progress laws to incorporate the use of telehealth in practitioners’ scope of practice. This week, several states progressed legislation expanding practitioners’ scope of practice to include telehealth services under certain circumstances.

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 [...]

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