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
• Reimbursement requirements

A CLOSER LOOK

Finalized Legislation & Rulemaking

• Iowa enacted HF 2402, which requires the Iowa Department of Health and Human Services to review and update its administrative rules regarding psychiatric medical institutions for children (PMICs), including the review of rules related to the use of telehealth services to conduct post-restraint and seclusion assessments.
• Iowa enacted HF 2512, which adopts the Social Worker Licensure Compact.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

• In Louisiana, HB 896 passed one chamber. This bill establishes the Louisiana Remote Patient Monitoring Program Law, which allows remote patient monitoring services provided through telehealth for patients who meet certain criteria as outlined in the bill.
• In Connecticut, HB 5198 passed one chamber. If enacted, this bill would make permanent certain temporary expanded requirements for telehealth services. These expanded provisions include the following: allows authorized telehealth providers to use audio-only telephone to provide services, allows authorized providers to provide telehealth services from any location to patients at any location, prohibits providers from charging uninsured patients more than the Medicare reimbursement rate for telehealth services, and prohibits health carriers from reducing the amount of reimbursement they pay to telehealth providers for covered services provided through telehealth.
• In Colorado, HB 24-1045 passed the second chamber. This bill adds substance use disorder treatment to the list of healthcare services required to be reimbursed at the same rate for telemedicine as comparable in-person services.
• In Colorado, SB 24-141 passed one chamber. If enacted, this bill would allow a licensed out-of-state healthcare provider to provide telehealth services to patients located in Colorado if the provider registered with the appropriate regulator in Colorado.
• In Hawaii, HCR 125 passed one chamber, which requests the establishment of a telehealth working group to examine the impact of widespread telehealth adoption during the COVID-19 pandemic and to identify public policy initiatives at the federal and state level to optimize telehealth utilization as the state transitions out.
• Several states saw activity related to interstate compacts.
  • Michigan HB 4169 passed one chamber, which would enact the occupational therapy licensure compact.
  • In South Carolina, S 610 passed two chambers, which would enact the professional counseling compact.
  • In Alabama, SB 208 passed two chambers, which would enact the Social Worker Compact.
• In Nevada, the Board of Dental Examiners published a proposed rule that expands requirements related to teledentistry. This rule specifies the circumstances under which a licensed provider may provide teledentistry services, including issuing prescriptions.
• In Kansas, the Board of Pharmacy proposed a rule that sets forth requirements to establish a telepharmacy outlet, as well as requirements for the personnel who would staff the telepharmacy outlet. This rule also provides a definition of telepharmacy.

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. This week, states pushed forward bills related to interstate compacts for social work, occupational therapy and professional counseling.
• States continue to amend and clarify professional practice standards for telehealth. An increasing number of states are looking to adopt and revise standards that reflect current technologies to govern the practice of telehealth across a variety of medical professions. This week, Nevada and Kansas proposed rules governing the practices of teledentistry and telepharmacy. Further, HB 5198 in Connecticut proposes to authorize telehealth providers to use audio-only telephone to provide telehealth services.
• States continue to evaluate reimbursement standards as they relate to delivery of care provided via telehealth. The bills in Louisiana, Connecticut and Colorado reflect a growing emphasis on promoting access to telehealth through expanding coverage for telehealth services and requiring reimbursement rates to be equal to or lesser than Medicare rates or comparable in-person reimbursement rates.

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