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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: July 25 – 31, 2023

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:

  • Professional Practice Standards

A CLOSER LOOK

Finalized Legislation and Rulemaking

  • Nevada finalized a rule that updates its physical therapy standards. Physical therapists may now provide services via telehealth in accordance with Nevada’s general telehealth statute, Nev. Rev. Stat. § 629.515.
    Legislation and Rulemaking Activity in Proposal Phase

Highlights:

  • Texas proposed a rule that would amend Division of Workers’ Compensation regulations that set telehealth and telemedicine billing requirements for services provided to injured employees in the Texas workers’ compensation system. The proposed rule would add a definition for “teledentistry services” and would add Medicaid payment policies to the list of applicable payment policies that healthcare providers must use to bill for telemedicine, telehealth and teledentistry services.
  • West Virginia’s Medical Imaging and Radiation Therapy Technology Board of Examiners proposed a rule that would clarify that telehealth practice is inapplicable to the performance of medical imaging and radiation therapy. This proposed rule comes in response to W.V. Code § 30-1-26, which requires all health boards to adopt rules governing telehealth.

Why it matters:

  • States continue to refine and adopt professional practice standards for telehealth. Some states have recently adopted new or revised professional practice standards that vigorously regulate telehealth. As the latest Nevada and West Virginia rules demonstrate, regulation for certain health professions may be less robust and may simply clarify whether the profession is permitted to practice via 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: May 23 – 30, 2023

Trending in Telehealth is a series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate virtual care.
Trending in the past week:

  • Forensic Examinations
  • Telehealth Flexibilities

A CLOSER LOOK
Finalized Legislation and Rulemaking

  • Florida passed legislation (SB 218) amending Fla. Stat. Ann. § 456.47 to revise the definition of “telehealth provider” to include persons licensed as genetic counselors. By way of background, in 2021, the Florida legislature created a new licensed and regulated profession—genetic counseling. SB 218 is likely one of several pieces of legislation that will incorporate the newly created profession into existing regulatory frameworks.
  • Minnesota enacted legislation (SF 2744) allowing telehealth to factor into the network adequacy assessments required to be performed by health carriers under Minnesota’s insurance laws. Minnesota also enacted appropriations legislation (SF 2995) that, among other things, allocates money for a study of telehealth expansion and payment parity in 2024.
  • Nevada passed legislation (AB 276) amending Nev. Rev. Stat. § 629.515 to authorize a provider who is conducting certain forensic medical examinations on an apparent victim of sexual assault or strangulation to use telehealth to connect to an appropriately trained physician, physician assistant or registered nurse to obtain instructions and guidance on conducting the examination.
  • West Virginia’s legislation requiring hospitals to have a trained healthcare provider available, or transfer agreement as provided in a county plan, to complete a sexual assault forensic examination (SB 89) became effective May 21, 2023, 90 days after its passage. “Available” includes having access to a trained sexual assault forensic examination expert via telehealth.

Legislation and Rulemaking Activity in Proposal Phase
Highlights:

  • Illinois progressed legislation (SB 2123) in the second chamber that would adopt the Counseling Compact.
  • Texas continued to progress legislation (HB 1771) in the second chamber that would require that each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry or telehealth to adopt rules necessary to standardize formats for and retention of records related to a patient’s consent to treatment, data collection and data sharing.
  • Texas also progressed legislation (HB 617) in the second chamber that would establish a pilot project to provide emergency medical services instruction and emergency prehospital care instruction through a telemedicine medical service or telehealth service provided by regional trauma resource centers to healthcare providers in rural trauma facilities and emergency medical services providers in rural areas.

Why it matters:

  • Telehealth capabilities can reduce disparities in forensic examinations. States continue to progress legislation aiming to decrease disparities in the quality of forensic examinations by providing expert, live, interactive quality control and evidence-based methodologies to less experienced providers. Proponents argue that partnering on-site staff with telehealth [...]

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Trending in Telehealth: May 2– 8, 2023

Trending in Telehealth is a series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate virtual care.

Trending in the past week:

  • Maternal Health
  • Licensure/Prescription Flexibilities
  • Interstate Compacts

A CLOSER LOOK

Finalized Legislation & Rulemaking
Highlights:

  • Georgia enacted SB 106 also known as the Healthy Babies Act. The legislation, sponsored by Senate Majority Caucus Senator Larry Walker III, creates a three-year pilot program for remote maternal health services via the Georgia Department of Community Health. Beginning in FY 2024, the program will provide remote monitoring for pregnant women under the state’s Medicaid program. State legislators prioritized this bill in an effort to increase benefits for at-risk mothers in underserved rural communities. The program’s expanded benefits aim to encourage expecting mothers to utilize prenatal care.
  • Montana enacted legislation, SB 112, creating a new section related to a pharmacist’s prescribing authority exception. The exception states that a pharmacist may prescribe a drug or device for a legitimate medical purpose, as allowed under this section, for a person with whom the pharmacist has a patient-prescriber relationship. Supporters of the bill cited access-to-care hurdles for rural communities that could otherwise be overcome by allowing pharmacists to serve as a point of first contact. The bill, modeled after similar legislation passed in Idaho, will allow patients to be treated for certain minor conditions without having to visit a doctor’s office. Montana also enacted legislation (SB 214) to enact the Audiology and Speech-Language Pathology Compact and Occupational Therapy Compact (SB 155).
  • Oklahoma enacted legislation, SB 754, authorizing licensed dentists to allow teledentistry treatment by certain dental hygienists for patients in certain long-term care settings.

Legislation Rulemaking Activity in Proposal Phase
Highlights:

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Trending in Telehealth: April 11 – 17, 2023

Trending in Telehealth is a series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate virtual care.

Trending in the past week:

  • Interstate Compacts
  • Telehealth Coverage and Reimbursement
  • Informed Consent Standards

A CLOSER LOOK

Finalized Legislation & Rulemaking

  • In North Dakota, HB 1095 was enacted. The legislation requires health carriers to, in part, provide coverage for licensed pharmacists to provide comprehensive medication management, which may be provided via telehealth. North Dakota also enacted HB 1530, which requires that Medicaid cover asynchronous teledentistry.
  • Florida enacted SB 300. The legislation prohibits physicians from using telehealth to provide abortions or prescribe abortion-inducing medication. It also requires the physical in-person presence of a physician with a patient when an abortion is performed or when abortion-inducing medication is dispensed.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

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