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
• Professional standards and licensure
• Reimbursement requirements and payment parity

A CLOSER LOOK

Finalized Legislation & Rulemaking

• Oklahoma enacted HB 3330, which would require every mental health professional who is renewing a behavioral health certification or license issued by a designated board to report certain information, including their use of telehealth.
• Vermont enacted H 543, which adopts the Social Worker Licensure Compact.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

• In Ohio, S 1074 passed the first chamber. If enacted, the bill would amend the supervision and delegation laws for physicians and physician assistants including adding the ability for both licensee types to . Some examples included in the bill are collecting specimens (e.g., urine or stool samples), point of care testing and screening and recording information. The bill does not specify any particular non-clinical tasks that would be particularly suited for telemedicine.
• In Vermont, H 861 passed the first chamber. If enacted, the bill would provide for reimbursement parity for all medically necessary, clinically appropriate, delivered in-person, by telemedicine, and by audio-only telephone. Services covered under the bill would include services that are covered when provided in the home-by-home health agencies. The bill specifically provides that health insurance plans provide the same reimbursement rates for services billed using equivalent procedure codes and modifiers, subject to the terms of the health insurance plan and provider contract.
• In Colorado, HB 24-1045 passed the first chamber. If enacted, the bill would add substance use disorder treatment to the list of healthcare services required to be reimbursed at the same rate for telemedicine as comparable in-person services.
• Numerous states progressed legislation relating to the Social Worker Compact
  • In Alabama, HB 318 passed the first chamber.
  • In Iowa, HB 2512 passed both chambers
  • In Ohio, SB 90 passed both chambers.
  • In Louisiana, HB 888 passed the first chamber.

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, the Social Work Compact saw increased activity.
• States continue to amend and clarify professional practice standards for telehealth. With the increase in the delivery of care through virtual modalities, professional boards are adopting standards governing telehealth practice across multiple health professions and revising existing standards to reflect current technologies and practices, to ensure there is consistency across the professions. This week, we saw a particular emphasis on mental health professionals as it relates to Board reporting obligations, specific to their use of telehealth.
• States continue to evaluate reimbursement standards as it related to delivery of care provided via telehealth. State efforts, such as the bills in Vermont and Colorado (highlighted above), help promote access to telehealth by providing coverage for telehealth visits at the at the same rates and under the same conditions that would otherwise apply to direct face-to-face services.

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

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