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:

• Teleoptometry
• Supervision
• Naturopathic doctors

A CLOSER LOOK

Finalized Legislation & Rulemaking:

• In Michigan, the governor signed SB 747 with line-item vetoes. This appropriations bill allocates money from the behavioral health initiative to nonprofit organizations to, among other things, increase the use of telehealth for behavioral health services. This bill further requires at least the same rate of reimbursement for telehealth services as services involving face-to-face contact for behavioral and physical health services provided through managed care or the fee-for-service program.

Legislation & Rulemaking Activity in Proposal Phase:

Highlights:

• Oklahoma proposed a rule that requires optometrists practicing telemedicine to provide services to patients located in Oklahoma consistent with their obligations under statutes and Board rules for in-person consultations, including meeting patient confidentiality requirements under HIPAA. However, the proposed rule makes clear that telemedicine encounters shall not be used to establish a valid provider-patient relationship for prescribing contact lenses and or spectacles.
• Oregon adopted a rule that amends the definitions regarding supervision for occupational therapists to allow for supervision via telehealth.
• Wisconsin adopted a final rule that allows for the licensure, discipline and practice of naturopathic doctors which also allows for telehealth practice.

Why it matters:

• States are expanding telehealth to more healthcare professionals. Oklahoma, Oregon, and Wisconsin adopted rules expanding telehealth permissibility to various healthcare professionals including optometrists, occupational therapists and naturopathic doctors.
• Legislation remains slow for the summer. As typical during the mid-to-late summer, legislative activity has slowed down, including as related to telehealth.

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

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