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
• Reimbursement requirements
• Professional standards

A CLOSER LOOK

Finalized Legislation & Rulemaking

• Mississippi enacted legislation, HB 764, which permits the State Board of Health to promulgate rules and regulations, and to collect data and information on the delivery of telemedicine services and the use of electronic records for the delivery of telemedicine services.
• Alabama enacted legislation, SB 208, which adopts the Social Worker Licensure Compact.
• The Texas Department of Licensing and Regulation adopted a rule for speech-language pathologists and audiologists confirming that direct and indirect supervision may be performed through tele-supervision and that in-person supervision is not required. This rule also allows a licensee providing telehealth services to provide proof of licensure to a requestor through the department’s online license search.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

• In Colorado, SB 24-141 passed two chambers. If enacted, all healthcare providers who possess a license, certificate, registration or other approval as a healthcare provider in another state may provide healthcare services through telehealth to patients located in Colorado if the provider registers with the appropriate Colorado regulatory agency.
• In Colorado, SB 24-168 passed two chambers. This bill requires the Department of Health Care Policy and Financing to provide reimbursement for the use of telehealth remote monitoring for outpatient services for certain Medicaid members.
• In Minnesota, HF 4247 passed two chambers, which would allow transfer care specialists and veterinarians to provide “direct supervision” via telephone.
• In South Carolina, H 5183 passed two chambers. This bill would allow for the delegation of nursing tasks, including the performance of nonclinical tasks via telemedicine.
• In Tennessee, SB 2368 passed two chambers. If enacted, this bill would require that any policy, certificate or agreement for health insurance coverage under TennCare must include coverage for telehealth visits for complex rehabilitation technology.
• Connecticut HB 5198 passed the second chamber. If enacted, this bill would make permanent certain temporary expanded requirements for telehealth services.
• Several states saw activity related to interstate compacts.
  • Social Worker Licensure Compact
    • In Connecticut, HB 5197 passed two chambers.
    • In New Hampshire, SB 318 passed one chamber.
    • In Tennessee, SB 2134 passed two chambers.
  • In Connecticut, HB 5058 passed two chambers, which would enact the Nurse Licensure Compact.
  • In Alabama, SB 207 passed two chambers, which would enact the Dietician Licensure Compact.
  • In South Carolina, S 610 passed two chambers, which would enact the Counseling Compact.

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, nursing, dietetics and professional counseling.
• States continue to evaluate reimbursement standards as they relate to delivery of care provided via telehealth. Colorado SB 24-168 and Tennessee SB 2368 reflect a growing emphasis on promoting access to telehealth through expanding coverage for telehealth services such as remote monitoring and rehabilitation services.
• States continue to amend and clarify professional practice standards for telehealth. States continue to adopt and revise standards that govern the practice of telehealth across a variety of medical professions. For example, Colorado SB 24-141 would permit out-of-state providers to provide telehealth services to in-state patients so long as the providers are appropriately registered with state regulators. The bills and rules in Minnesota, South Carolina and Texas demonstrate increasing flexibility in permitting remote supervision and delegation of tasks via telehealth across various medical professions.

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