Telehealth trends focus on state legal and regulatory developments impacting health care providers, telemedicine and digital health companies, pharmacists, and technology companies that provide and facilitate virtual care.
Trends over the past week:
- eco consulting
- medical cannabis
- Out-of-state practitioners
Learn more
Enactment of final laws and regulations
- alaska Adopted a final rule updating the Board of Professional Counselors regulations related to teleprofessional services to clarify oversight requirements regarding teleprofessional services.
- colorado Passed a final rule amending the corresponding rule in the Medical Assistance Act to authorize reimbursement for electronic consultations (eConsults) performed through Medicaid-certified eConsult platforms.
- new jersey Enacts SB 3604 to authorize the use of healthcare platforms that provide discounted prices for prescription and nonprescription drugs or devices, and for telemedicine and telehealth services.
- Oregon Adopted a final rule amending the Oregon Medical Board Regulations (OAR 847-025-0020) to align the regulations with the Oregon Act of 2023 (SB 232). Revised rules would allow out-of-state physicians and physician assistants with an established relationship with a patient to provide continuing care via telemedicine on a regular or intermittent basis when the patient is in Oregon It is recognized that
- Virginia Adopted a final rule establishing applications, licenses, permits, and registration for medical cannabis programs. The final rule allows physicians to use telemedicine to provide patient care and evaluation, provided that the use of telemedicine follows certain parameters.
- Utah We adopted the final rule and transitioned the content governing Human Services Programs and Licensing Office processes into new department-wide regulations. The definition of telemedicine remains the same, but new citations have been added to the relevant sections of the law.
Proposal-level legislation and rulemaking activities
highlight:
- iowa The Speech-Language Pathology and Hearing Commission proposed a rule to revoke Iowa Administrative Code Chapter 301, “Practice of Speech-Language Pathologists and Audiologists,'' and adopt a new chapter with the same title. The proposed rule would provide definitions relevant to the practice of speech-language pathologists and audiologists, as well as requirements for telehealth appointments. Additionally, the Code clarifies standards of practice and provides a scope of practice for professionals. Comments are due by January 31, 2024.
- nevada Proposed rule to amend the Social Worker Examining Board rules to prohibit licensees from providing services through telehealth to clients outside of Nevada unless the licensee is authorized under the laws of the jurisdiction in which the client is located did. .
- New Jersey has made progress. AB 5311 is in Chamber 2. If passed, this bill would enact counseling agreements in New Jersey.
- Tennessee has made progress SB 1674 amends existing TennCare rules or promulgates new rules for piecework and Medicaid managed care plans, allowing for reimbursement for remote ultrasound and remote fetal non-stress testing, and establishes Remote Fetal Nonstress Testing utilizing a CPT code is performed when the patient is in a separate residence or other off-site location from the patient's health care provider and the same standard of care is met.
Why it's important:
- States continue to pass regulations to increase access to telehealth and eConsult services. This week, several states passed or advanced legislation to allow telehealth services across state lines, and others passed or advanced legislation to expand the scope of practice for medical practitioners to include telehealth services. .
