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

A CLOSER LOOK
Finalized Legislation & Rulemaking

• Ohio issued a final rule clarifying when annual assessments performed by registered nurses (RNs) under the Ohio home care waiver program may be conducted via telehealth. Ohio issued another final rule in connection with the Ohio home and community-based services program clarifying the same. In short, at least twice per year, the RN will conduct RN assessment visits in person. All other RN assessment service visits may be conducted via telehealth, unless the individual’s needs necessitate an in-person visit.
• In Oregon, the Oregon Health Authority issued a final rule updating and amending certain defined terms under the Medical Assistance Program, including “telehealth,” “telemedicine,” “telecommunication technologies,” “asynchronous” and “meaningful access.”

Legislation & Rulemaking Activity in Proposal Phase
Highlights:

• Wisconsin presented Senate Bill 196 and Senate Bill 197 to the governor. The bills propose to enact the Counseling Compact and Audiology and Speech-Language Pathology Interstate Compact.

Why it matters:

• There continues to be an increase in activity surrounding licensure compacts. This year has seen an uptick in legislative activity by states seeking to ease out-of-state licensure barriers through the use of interstate compacts. Healthcare licensure compacts offer benefits to providers, licensing boards and states by enabling professionals to meet increased patient needs while maintaining state sovereignty and patient safety. Wisconsin’s advancing proposal to enter multiple interstate licensure compacts represents a continued effort by state lawmakers to improve access to care for its state’s residents.
• States continue to amend and clarify telehealth-related definitions. Following the advent of novel telehealth-related standards of care, states continue to amend and clarify definitions, including incorporating those definitions across state healthcare programs.

Telehealth is an important development in care delivery, but the regulatory patchwork is complicated. 

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