Telehealth trends focus on state legislative and regulatory developments impacting healthcare providers, telemedicine and digital health companies, pharmacists, and technology companies that provide and facilitate virtual care.
Trends over the past week:
- behavioral health
- license compact
- Telemedicine practice requirements
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Final legislation and rulemaking:
- florida Enacted SB 7016, which would, among other things, cause the state of Florida to participate in the Interstate Medical Licensing Compact, Physical Therapy Compact, and Auditory Speech-Language Pathology Compact.
- in Utah, HB 365 was enacted. This law allows physicians, nurses, and physician assistants to perform cryolipolysis (In other words removal of fatty deposits using low temperatures) and certain cosmetic laser treatments. Telemedicine is not permitted for hair removal or tattoo removal treatments.
- Washington Enacted HB 1939 to join the Social Work Licensing Agreement.
- in Washington, SB 5481 was also enacted. This legislation establishes standards of professional practice for health care professionals who provide telehealth services and establishes requirements for out-of-state health care professionals.
- Washington SB 5821 was also passed, which amends existing standards for establishing provider-patient relationships related to audio-only coverage requirements. The law defines an established relationship to include an audio-only telehealth provider who has seen a patient in person or through real-time interactive audio and video technology at least once in the past three years . The only healthcare provider to whom the patient was referred by a physician who saw the patient in person or through real-time interactive audio and video technology at least once in the past three years.
- wisconsin Enacted SB 476 to prohibit the Wisconsin Medicaid program from requiring telehealth providers to have a physical address in the state.
Proposal stage legislative and rulemaking activities:
highlight:
- in alaska, SB 91 passed through the first chamber. This bill would allow out-of-state members of a physician's multidisciplinary care team to provide services remotely if the services provided by the out-of-state member are not reasonably available in the state or involve ongoing treatment or follow-up. It authorizes the provision of services in Alaska through medical care. – Enhance care when a life-threatening condition is suspected or diagnosed. The bill would also establish grounds for disciplinary action against out-of-state members of a physician's multidisciplinary care team.
- in georgia, HB 441 passed through both chambers. This bill, if enacted, would, among other things, notify the Georgia Board of Dentistry that a dentist who seeks to provide treatment through teledentistry would have a referral relationship with a dentist with whom the dentist may provide in-person dental treatment. It will be mandatory to submit a document showing that the company has established the following. A location within a state that meets certain geographic requirements. Dentists offering teledentistry will be allowed to allow dental hygienists to perform certain dental hygiene functions, prescribe unsupervised prescriptions, and perform digital scans and transmit patient records to dentists. . The proposed bill would require that, in order to provide teledentistry services to patients, except for patients who are seen in certain designated settings, dentists would be required to make an initial in-person visit and at least one in-person visit every 12 months. It is mandatory to do so. The dentist will also provide written authorization to the patient with information about the treating dentist and dental hygienist, and inform the patient that teledentistry does not constitute an in-person clinical examination and the dental hygienist's consent. Written consent is required. It won't physically exist. The bill would prohibit insurers from excluding coverage for services or requiring insureds to receive dental care through teledentistry solely because they were provided through teledentistry. .
- in iowathe Board of Nursing released a proposed rule that would establish licensing requirements for certified professional midwives and provide standards for the delivery of services via telehealth by certified professional midwives.
- in new jersey, A 2183 passed through the first chamber. This bill would establish a social work licensing agreement. 2803 also passed through the first chamber. This bill would allow alcohol and drug counselors, marriage and family therapists, professional counselors, physicians, home health aides, certain nurses, psychologists, psychoanalysts, respiratory care workers, and other Licensed or certified social workers practicing in the state will be able to apply. License or certification to practice in New Jersey. New graduates are permitted to apply to practice under a temporary license until they receive their full license.
- in new hampshire, SB 403 passed the first chamber. This bill would allow certified community health workers to conduct telemedicine.
Why it's important:
- States continue to increase activity around licensing agreements for various medical professionals. These state efforts demonstrate a desire to reduce the burden of the licensing process and encourage practice in multiple jurisdictions without relinquishing authority over professional licensure.
- States continue to amend and clarify professional practice requirements regarding telehealth. With the increase in care delivery through virtual modalities, Congress is adopting standards governing the practice of telehealth across multiple health care professions and revising existing standards to reflect current technology and practices. As states continue to expand the types of services that can be provided through telehealth modalities, these expansions often come with new requirements that providers must adhere to in order to provide telehealth services.
- States continue to expand access to behavioral health services. This week, states will increase their residents' access to behavioral health services by allowing practitioners to provide care via telehealth and reducing barriers for out-of-state practitioners to provide services within the state. continued to advance legislation and rulemaking to reduce barriers to access.
Telemedicine is an important advancement in healthcare delivery, but the patchwork of regulations is complex.
