OF DIGITAL INTEREST

Trending in Telehealth: December 2025

by Jayda Greco, Amanda Enyeart and Brigit Dunne | Jan 9, 2026 | Telehealth

Trending in Telehealth highlights monthly state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care.

Trending in December:

Medicaid reimbursement policies
Telehealth practice standards
Behavioral health integration

A CLOSER LOOK

Proposed legislation & rulemaking:

A proposed rule in Iowa would establish guidelines for the provision and reimbursement of certain services under Iowa Medicaid. This regulation would provide that in-person contact between a healthcare professional and a patient is not required as a condition for payment of otherwise covered services.
The Wisconsin Physical Therapy Examining Board proposed amendments to define “telehealth” and remove an onsite requirement for patient assessments and reevaluations, allowing these tasks to be performed via telehealth under specified conditions. “Telehealth” would be defined as the practice of healthcare delivery, diagnosis, consultation, treatment, or transfer of medically relevant data by means of audio, video, or data communications that are used either during a patient visit or a consultation, or are used to transfer medically relevant data about a patient. “Telehealth” would include asynchronous telehealth services, interactive telehealth, and remote patient monitoring.

Finalized legislation & rulemaking activity:

The Delaware Board of Pharmacy temporarily renewed emergency regulatory amendments permitting out-of-state pharmacists to practice in Delaware following widespread pharmacy closures. The renewal expired on December 31, 2025, and no subsequent renewal has been issued..
The December 2025 Michigan Register published updated certificate of need review standards for psychiatric beds and services. Michigan’s certificate of need standards use a point system to evaluate applications, requiring applicants to meet a minimum threshold for approval. Projects receive three points if the applicant has or proposes a telehealth or telemedicine program to support inpatient psychiatric admissions or assist with diagnosis, treatment, or other inpatient services necessary for admission or retention.
New York passed S4914B, which expands protections for people who provide or receive legally protected health activities, including reproductive and gender-affirming care, against out-of-state legal actions. Amendments include a revised definition of “reproductive healthcare” to include all medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing services relating to the reproductive system provided via telehealth.
Ohio adopted a rule that allows individual pharmacists enrolled in Medicaid to receive payment for covered telehealth services.
Oregon finalized its durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) face-to-face encounter requirements rule. Telehealth encounters used to satisfy the face-to-face encounter requirement for a DMEPOS item must meet the requirements outlined in the prioritized list of health services, telehealth, teleconsultations, and online/telephonic services ancillary guideline.
The US Drug Enforcement Administration (DEA) extended pandemic-era flexibilities for prescribing controlled substances online for one year, through December 31, 2026. The DEA and the US Department of Health and Human Services also announced two rules effective December 31, 2025:
- Practitioners [...]
  
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Trending in Telehealth: November 2025

by Lisa Mazur, Amanda Enyeart and Nathan Gray | Dec 31, 2025 | Telehealth

Trending in Telehealth highlights monthly 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 November:

Telehealth expansion
Teledentistry
Veterinary telemedicine
Mental and behavioral health

A CLOSER LOOK

Proposed Legislation & Rulemaking

Alaska proposed a rule to move the telemedicine business registry provisions from the centralized professional licensing regulations to the business license regulations and to combine the application for the general business licenses and the telemedicine business registration.
Arkansas proposed a rule that would amend the Arkansas Medicaid Personal Care and Independent Assessment Manuals to clarify that personal care services provided by telehealth are not covered by Arkansas Medicaid and that reassessments of a functional needs Independent Assessment can be performed via telehealth.
The Florida Board of Clinical Laboratory Personnel issued a notice of development of rulemaking to update disciplinary guidelines regarding patient overpayments and refunds to include telehealth registrants. The new rule would go into effect on January 1, 2026.
In Michigan, the first chamber passed HB 4220 which would require veterinarians to establish a veterinarian-client-patient relationship before practicing veterinary medicine on an animal. This relationship requires veterinarians to obtain current knowledge of the animal, either through in-person examinations, telehealth, or visits to where the animal is kept. Telehealth examinations have specific limitations, particularly for non-companion animals and situations involving controlled substances, which require in-person examinations. The veterinarian may only prescribe a limited supply of medication following a telehealth visit, with certain conditions needing an in-person follow-up.
Nevada proposed a revised rule related to teledentistry. The regulation would set detailed requirements for dental care provided via teledentistry, including prescribing conditions, collaboration protocols, and supervision procedures.
New Mexico’s Board of Examiners for Occupational Therapy proposed a rule to clarify that the New Mexico Telehealth Act does not alter supervision requirements for occupational therapy assistants.
Ohio proposed a rule that would amend the Ohio Medicaid telehealth regulations to add doulas and certified lactation specialists to the list of eligible providers, remove hospice aides, private duty registered nurses, and private duty licensed practical nurses in a hospice setting from the list of eligible providers, and add various services to the list of services eligible for payment including doula services, nurse home visiting services, individual counseling for PreP, and services that have a code description including a telehealth component and are covered in an Ohio Medicaid program fee schedule. The proposed regulation would also require a rendering provider’s NPI for professional claims for telehealth services and would remove expired COVID-19 language from the regulation.

Finalized Legislation & Rulemaking Activity

In Louisiana, the Licensed Professional Counselors Board of Examiners adopted a final rule that allows licensed counselors or therapists from other states to register to provide mental health counseling services via telehealth if their license is unencumbered.
A final rule in Oregon revised to the circumstances under which a veterinarian may utilize [...]

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Executive briefing: Strategic inflection points in digital health & health tech

by McDermott Will & Schulte | Nov 24, 2025 | Artificial Intelligence, Data Privacy, Digital Health, Telehealth

The digital health and health tech sectors are undergoing a period of accelerated transformation amidst a fragmented regulatory landscape. Companies are looking within and to peers to determine how to pursue innovation while balancing financial and regulatory risks in this challenging landscape, while investors are waiting for leaders to emerge. This briefing outlines four critical inflection points that are redefining the market.

1. AI in Healthcare: Building Trust and Embracing Risk Amidst Regulatory Uncertainty

Inflection Point: With no clear federal legal framework for AI in healthcare, organizations must work with internal and external stakeholders to build trust and understanding of the technology while proactively managing risk to drive adoption.

Addressing Knowledge Gaps: Many patients lack the context to evaluate AI-driven decisions. Public-facing materials and clinician communication are key to bridging this gap. Empowering patients to engage with their own medical data – the information AI uses – establishes transparency and can build trust in AI-assisted care.

Progress, Not Perfection: The question isn’t whether AI is perfect—it’s whether it’s better than current alternatives. Humans also make mistakes, but human error is more acceptable to the public than AI error. Framing AI as a tool for enhancement, not replacement, helps build trust. Communicating success stories to overcome negative perceptions in the court of public opinion is an important step in advancing AI within healthcare.

Risk Without Regulation: The absence of federal AI regulation requires healthcare organizations to build internal frameworks for risk quantification and mitigation.

Human-in-the-Loop Models as a De-Risking Strategy: At this time, AI is most often being deployed as clinical decision support—not as a replacement for clinicians. These models must be pressure-tested by competent humans to avoid hallucinations and ensure accountability. From a legal standpoint, the source of error—human or machine—doesn’t change the risk. What matters is whether the output was pressure-tested by a qualified reviewer.

Investor Insight: Back companies that treat AI governance as a strategic asset, not just a compliance checkbox. The strongest players combine defensible frameworks, clear accountability, and alignment with emerging federal and state guidance with real-world evidence and proven use cases. Models that embed meaningful human oversight, anchored by the pedigree and expertise of the individuals in that loop, reduce both clinical and regulatory risk. That combination makes them far more investable and better positioned for long-term adoption.

2. Payment Model Volatility: Navigating the Cash-Pay Surge and Reimbursement Gaps

Inflection Point: The traditional reimbursement ecosystem is now one of many paths for digital health companies.

Cash-Pay Expansion: We see continued growth in cash-pay models given challenges with health plan coverage and consumer preferences to leverage virtual models for certain treatments, such as weight loss.

Reimbursement Realities: Many digital health companies are opting out [...]

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Trending in Telehealth: October 2025 Recap

by Amanda Enyeart, Stacey Callaghan and Maggie Houtz | Nov 24, 2025 | Telehealth

Trending in Telehealth highlights monthly 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 October:

Telehealth disciplinary guidelines
Behavioral health
Medicaid state plan waivers
Telehealth flexibilities

A CLOSER LOOK

Proposed Legislation and Rulemaking:

A proposed law in Wisconsin (Senate Bill (SB) 214) passed the first chamber and would establish a pathway and registration requirements for out-of-state healthcare providers to offer telehealth services in Wisconsin.
The Alaska State Medical Board proposed regulatory changes relating to the standards of practice for the use of buprenorphine to treat opioid-use disorder via telemedicine.
In North Dakota, a proposed rule would establish veterinary medicine telemedicine guidelines.
In Florida, the boards of Podiatric Medicine, Orthotists and Prosthetists, Acupuncture, and Athletic Training proposed updates to their respective disciplinary guidelines regarding patient overpayments and refunds to include telehealth registrants.
In New Mexico, the Physical Therapy Board proposed a rule to clarify the scope of supervision required when services are administered via telehealth. Under this rule, a healthcare provider must render telehealth services under the same level of supervision required for in-person practice.
In California, a proposed rule clarifies standards of practice for telehealth psychology services and underscores the board’s authority to regulate all psychological services provided by individuals under its jurisdiction, whether delivered in person or via telehealth.
In Pennsylvania, a proposed rule would codify requirements for mobile crisis team services, including that a crisis intervention service medical professional or a crisis intervention service licensed behavioral health professional may participate in the mobile crisis team by means of tele-behavioral health.
In Connecticut, the commissioner of the Department of Social Services (DSS) published a Notice of Intent to submit three applications to the Centers for Medicare and Medicaid Services, each to be effective April 1, 2026:
- Renewal of the Employment and Day Supports Medicaid Waiver
- Amendment of the Comprehensive Supports Medicaid Waiver
- Amendment of the Individual and Family Supports Medicaid Waiver

Each waiver program is operated by the Department of Developmental Services (DDS). DSS and DDS are proposing to add a new waiver service titled “Virtual Health Consultation” to each program. This service is tailored to meet the unique needs of individuals supported by DDS by providing timely, specialized telehealth assessments when a participant’s primary care physician is unavailable or unable to determine the most appropriate clinical course of action. The service ensures greater access to both routine and specialized medical care that might otherwise be challenging to obtain through traditional means and helps reduce unnecessary emergency room visits while also promoting efficient and accessible care.

In the District of Columbia, the director of the Department of Health Care Finance (DHCF) applied [...]

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Trending in Telehealth: September 2025

by Amanda Enyeart and Brigit Dunne | Oct 13, 2025 | Telehealth

Trending in Telehealth highlights monthly state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care.

Trending in September:

Telehealth disciplinary guidelines
Telepharmacy
Behavioral health

A CLOSER LOOK

Proposed legislation & rulemaking:

The Florida Board of Nursing proposed rules would update its disciplinary guidelines for telehealth registrants to identify additional violations subject to disciplinary actions. The proposed rules address violations such as failing to remit funds owed to the state Medicaid program following a final order, judgment, stipulation, or settlement and failing to comply with statutory requirements for refunding overpayments to patients. Disciplinary actions for these violations range from a minimum of license denial or suspension with a corrective action plan, to a maximum penalty of license revocation.
The Louisiana Addictive Disorder Regulatory Authority (ADRA) proposed to adopt and enact LAC 46:LXXX § 2101 to align with the Louisiana Telehealth Access Act. This rule would allow ADRA-licensed professionals to provide addiction counseling, prevention services, and compulsive gambling counseling via telehealth to clients physically located in Louisiana during sessions.
Maine’s Board of Licensure in Medicine proposed to update the rules for physician licensure, registration, notification, and continuing medical education. This revision would update the definition of telehealth to include audio-only technology when necessary and appropriate under the circumstances and if in compliance with the applicable standard of care.
The New Jersey Board of Medical Examiners proposed a new rule to allow physicians to authorize medical cannabis use via telemedicine, when the use of telemedicine or telehealth is consistent with the standard of care. The physician may require in-office consultations if additional consultations are necessary.
The Ohio Board of Pharmacy proposed a new rule that would allow a pharmacy licensed as a terminal distributor of dangerous drugs to dispense drugs and provide patient counseling and other pharmacist care through a telepharmacy system.
The Wisconsin Pharmacy Examining Board accepted comments for an economic impact analysis prior to holding a public hearing on a proposed rule that would allow pharmacies to receive prescription orders through a HIPAA-compliant secure texting platform.

Finalized legislation & rulemaking activity:

California enrolled several bills in September that cover areas such as Medi-Cal improvements, scope of practice for tele-veterinary services, and pilot programs:
- SB 530 passed both chambers and reinforces patient choice by requiring managed care plans to offer in-person services (even when telehealth meets access standards) if the patient prefers face-to-face care.
- AB 260 passed both chambers and shields healthcare professionals and facilities in California from civil or criminal actions or disciplinary or other administrative proceedings (e.g., licensure denial, suspension, or revocation) solely related to the provision of medication abortions out-of-state, regardless of federal actions or legal conditions in other states.
- AB 1503 passed both chambers. This bill prohibits any [...]
  
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