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 February:

• Teledentistry
• License compacts

A CLOSER LOOK

Proposed legislation & rulemaking:

• The first chamber of the South Carolina legislature passed S. 453, which would set outdetailed practice standards for teledentistry, including a “bona fide relationship” framework, emergency-related procedures, and informed consent requirements. The bill clarifies that a bona fide relationship between a patient and a licensee only exists if the licensee has reviewed the patient’s relevant history, medical records, and diagnostic records; has performed an appropriate in-person physical examination of the patient; and has a reasonable expectation that the licensee will provide in-person follow-up care and treatment to the patient on a regular basis.
• In Mississippi, the first chamber passed HB 1152, which would permit the use of telemedicine for medical cannabis certification.
• Both chambers of the Tennessee legislature passed SB 2118 to prohibit TennCare from covering or reimbursing any medical procedures performed to help an individual identify with or live as a gender that differs from their biological sex assigned at birth. The term “procedures” includes those performed or administered via telehealth.
• Both chambers of the New Mexico legislature passed HB 306, which seeks to eliminate facility fees for certain outpatient preventive healthcare, vaccination, and telehealth services, except in rural areas. The bill defines “facility fee” as a fee charged or billed by a hospital or health system for outpatient hospital services that is intended to compensate the health system or hospital for operational expenses. A facility fee is separate and distinct from a professional fee charged or billed by a hospital or health system for professional medical services.
• In Virginia, both chambers passed SB 813 to establish the Sickle Cell Coordinated Access Network. This network, in collaboration with the Virginia Commonwealth University Health System Authority, focuses on telehealth consultations with sickle cell specialists for guidance on pain management, treatment protocols, and care coordination.
• Virginia’s first chamber also passed SB 555, mandating that all nursing homes conduct monthly medical visits for each resident. Two visits per year must be in person with a physician, while the rest can occur via telehealth.
• In Florida, both chambers passed HB 89, requiring veterinarians to inform clients of their right to receive a written prescription before dispensing medication. If the visit is conducted via telehealth, clients must be informed electronically.

Finalized legislation & rulemaking:

• The Washington State Health Care Authority issued emergency rules regarding the Apple Health Expansion Program for immigrants. The rules clarify that the requirements for the authorized use of telemedicine and store-and-forward technology are applicable to program benefits, including those administered by the health plan.
• Washington’s Health Care Authority also issued a final rule [...]
  
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