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:

• Econsults
• Medical cannabis
• Out-of-state practitioners

A CLOSER LOOK

Finalized Legislation & Rulemaking

• Alaska adopted a final rule, which updates the Board of Professional Counselors regulations related to distance professional services to clarify supervision requirements for distance professional services.
• Colorado passed a final rule amending the Medical Assistance Act’s corresponding rules to authorize reimbursement of Electronic Consultation (eConsults) performed through Medicaid’s authorized eConsult platform.
• New Jersey enacted SB 3604, which authorizes the use of healthcare platforms that provide discounted prices for payment of prescription and non-prescription drugs or devices and for telehealth and telemedicine services.
• Oregon adopted a final rule, which amends Oregon Medical Board Rules (OAR 847-025-0020) to align the rules with the Oregon 2023 Law (SB 232). The amended rule allows out-of-state physicians and physician assistants who have an established relationship with a patient to provide continuity of care via telemedicine on a periodic or intermittent basis when the patient is located in Oregon.
• Virginia adopted a final rule establishing applications, licenses, permits, and registrations for its Medical Cannabis Program. The final rule permits practitioners to provide patient care and evaluation using telemedicine, provided that the use of telemedicine follows certain parameters.
• Utah adopted a final rule, which moves content governing the Human Services Program Licensing Office’s processes to a new division-wide rule. While the definition of telehealth remains the same, the relevant sections of the law have a new citation.

Legislation & Rulemaking Activity in Proposal Phase
Highlights:

• Iowa Board of Speech Pathology and Audiology proposed a rule to rescind Chapter 301, Practice of Speech Pathologists and Audiologists, Iowa Administrative Code, and adopt a new chapter with the same title. The proposed rule will provide definitions relevant to the practice of speech pathologists and audiologists and requirements for telehealth appointments. Further, the rule will articulate practice standards and provide a scope of practice for the profession. Comments are due by January 31, 2024.
• Nevada proposed a rule to amend the Board of Examiners for Social Workers rules to prohibit a licensee from providing services through telehealth to a client located outside the State of Nevada unless the licensee is authorized to do so under the laws of the jurisdiction where the client is located.
• New Jersey progressed AB 5311 in the second chamber. If passed, the legislation would enact the Counseling Compact in New Jersey.
• Tennessee progressed SB 1674, which would amend existing TennCare rules, or promulgate new rules, on fee-for-service and Medicaid managed care plans to allow for the reimbursement of remote ultrasound procedures and remote fetal nonstress tests that utilize 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 the same standard of care is met.

 Why it matters:

• States continue to pass rules to increase access to telehealth and eConsult services. This week, several states passed or progressed legislation to permit telehealth services across state lines and other states passed or progressed legislation expanding practitioners’ scope of practice to include telehealth services.

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

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