CLEAR

New York: telehealth waivers expire, but new guidance issued

The governor's office in New York has declared that the telehealth emergency waivers have expired, but the New York State Department of Health has issued a new guidance document maintaining the ability of Medicaid providers to use telemedicine and digital health as long as the federal public health emergency is in effect. The Department of Health may issue permanent Medicaid telehealth rules in the near future. The current guidance defines telehealth, allows the patient's home to be the originating site for healthcare delivery, and allows the distant site (where the provider is located) to be anywhere within the United States or its territories.

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Florida bill considers veterinary telemedicine

SB 1370 under consideration in Florida would redefine the veterinarian/client/patient relationship and allow for veterinary telemedicine. A Veterinarian/client/patient relationship could be established in-person or via audio-visual technology. Veterinary telemedicine would not require a physical exam for telemedicine services such as consultation and prescription of drugs for nutrition, training, dermatalogical conditions and anxiety.

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Arizona: legislation to make telehealth provisions permanent

After temporary executive orders issued during the pandemic to allow physicians licensed in other states to be issued a provisional Arizona medical license to practice telemedicine, Arizona's governor intends to introduce legislation to make the changes permanent. Is such legislation passed, Arizona could be the first state to permanently allow telehealth services rendered by out-of-state licensed practitioners.

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New telehealth law in Massachusetts

Recent legislation in Massachusetts includes formalization of telehealth provisions. The Act includes a definition of telehealth to include "synchronous or asynchronous audio, video, electronic media or other telecommunications technology. . . for the purpose of evaluating, diagnosing, consulting, prescribing, treating or monitoring of a patient's physical health, oral health, mental health or substance use disorder condition.” The Medical Board has previously issued a policy that a face-to-face encounter between the patient and physician is not necessary prior to telemedicine services. The Act requires the Medical Board to allow credentialing and privileging by proxy.

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Annual Telemental Health Laws Survey released

Epstein Becker Green has released their annual "Telemental Health Laws Survey," a review of behavioral telehealth legislation, regulation and policies for the 50 US states, DC, and Puerto Rico. The report noted a trend of increased government attention on behavioral telehealth, specifically in the context of COVID-19 and emergency orders at the state level.  The report found that "all states required telehealth providers to hold a state professional license, while 10 issue special telemedicine licenses to out-of-state physicians that sidestep the need for a full professional license. A growing number of states are allowing non-controlled substances to be prescribed through telehealth without a prior in-person examination, and about half of them have data privacy or confidentially measures in place that go above and beyond requiring health care providers merely to follow federal and state privacy/confidentiality requirements pertaining to medicine."

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Bills in US Congress regarding health license portability

The Equal Access to Care Act would allow health care practitioners to deliver telehealth services in any US jurisdiction without having to obtain a license in each jurisdiction. Practitioners would be subject to only the laws and regulations in the state where they are licensed, regardless of the state where the patient is located. The law would be in effect for 180 days after the end of the federal emergency declaration.

The Temporary Reciprocity to Ensure Access to Treatment Act would allow health care professionals to practice in person or via telehealth anywhere in the US if they are in good standing in one jurisdiction. The law would only be in effect during both a Public Health Emergency as declared by the Secretary of Health and Human Services and a national emergency as declared by the President, and for 180 days after the emergency declarations end. 

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Delaware: expanded telemedicine signed into law

Delaware Governor John Carney has signed into law changes to telemedicine provisions that were implemented in response to the COVID-19 pandemic. The law will allow for phone-based visits with healthcare providers, allowing increased access to patients in rural or remote areas, those with technology limitations, and those with transportation limitations.

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Massachusetts introduces bill for telehealth and scope of practice expansion

The Patients First Act introduced in the Massachusetts Legislature would make telehealth services permanently available to patients by requiring insurance carriers to cover services, including services through audio-only telephone calls. The bill would also expand the scope of practice of registered nurse practitioners, nurse anesthetists, and psychiatric nurse mental health specialists to allow independent practice if training and initial supervision requirements are met. A new license would also be created for "dental therapists."

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PA Governor: ending emergency declaration would affect license renewal requirements

As the Pennsylvania General Assembly considers ending the disaster declaration, the Governor has outlined the impact in several areas, including that license renewal and training requirement suspensions for licensed professionals would end. Such professionals would need to cease working until credentials could be renewed or training requirements completed. Telehealth services provided by out-of-state providers would also end.

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Guidance on international telemedicine regulations

This article offers some guidance for deciphering international telehealth regulations.
"While some countries provide a legal definition of telemedicine, the definitions vary tremendously in scope and breadth. Various countries provide no 'telemedicine' definition under applicable law. But the regulatory framework for rendering traditional health care services may nevertheless apply in ways that limit a foreign provider’s services into the country or that cause the provider to be directly subject to supervision and oversight of local medical regulatory boards."

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