Telehealth Archives - Page 8 of 34

Telehealth

Trending in Telehealth: May 31 – June 5, 2023

by Marshall E. Jackson, Jr. and Adetoro Olugbemi | Jun 9, 2023 | Telehealth

Trending in Telehealth is a new series from the McDermott digital health team in which we highlight 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
Medical Cannabis
Mental Health

A CLOSER LOOK

Finalized Legislation & Rulemaking

Iowa enacted HF 671, adopting the Professional Counselors Licensure Compact.
Minnesota enacted HF 100, permitting the medical sale and use of cannabis through the state’s registry program. HF 100 permits remote pharmacist consultations by secure videoconference, telephone or other remote means, as long as the pharmacist engaging in the consultation is able to confirm the identity of the patient and the consultation adheres to patient privacy requirements that apply to healthcare services delivered through telemedicine. A Minnesota licensed physician, physician assistant or advanced practice registered nurse (APRN) must determine on a yearly basis if the patient continues to have a qualifying medical condition for enrollment on the Division of Medical Cannabis registry.
Missouri passed a final rule establishing the Telehealth Dental Pilot Project for Medically Underserved Populations to examine new methods of extending dental care to residents in assisted living facilities, intermediate care facilities, residential care facilities and skilled nursing facilities, and homebound special needs patients. This rule permits the supervision of dental assistants and dental hygienists using telehealth technology.
Oklahoma enacted SB 12, creating a mental health transport revolving fund for the Department of Mental Health and Substance Abuse Services. This law permits telemedicine assessments of patients when assessments are requested by sheriffs or peace officers. The state’s criminal code defines the term peace officer as “any sheriff, police officer, federal law enforcement officer, tribal law enforcement officer, or any other law enforcement officer whose duty it is to enforce and preserve the public peace.” Okla. Stat. tit. 21 § 99.
Vermont enacted three telehealth-related laws:
- H 62 adopts the Interstate Counseling Compact to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services.
- H 86 adopts the Audiology and Speech-Language Pathology Interstate Compact, which streamlines the licensure process for audiologists and speech-language pathologists and allows the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
- H 282 adopts the Psychology Interjurisdictional Compact, which regulates the day-to-day practice of telepsychology and streamlines the licensure process for psychologists.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

Connecticut progressed HB 6768, which would permit physicians, APRNs and physician assistants to certify a qualifying patient’s use of medical marijuana and provide follow-up care using telehealth if they comply with other statutory certification and recordkeeping requirements.
Louisiana progressed two bills:
- HB181 would [...]
  
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Trending in Telehealth: May 23 – 30, 2023

by Amanda Enyeart and Taylor Hood | Jun 1, 2023 | Telehealth

Trending in Telehealth is a series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate virtual care.
Trending in the past week:

Forensic Examinations
Telehealth Flexibilities

A CLOSER LOOK
Finalized Legislation and Rulemaking

Florida passed legislation (SB 218) amending Fla. Stat. Ann. § 456.47 to revise the definition of “telehealth provider” to include persons licensed as genetic counselors. By way of background, in 2021, the Florida legislature created a new licensed and regulated profession—genetic counseling. SB 218 is likely one of several pieces of legislation that will incorporate the newly created profession into existing regulatory frameworks.
Minnesota enacted legislation (SF 2744) allowing telehealth to factor into the network adequacy assessments required to be performed by health carriers under Minnesota’s insurance laws. Minnesota also enacted appropriations legislation (SF 2995) that, among other things, allocates money for a study of telehealth expansion and payment parity in 2024.
Nevada passed legislation (AB 276) amending Nev. Rev. Stat. § 629.515 to authorize a provider who is conducting certain forensic medical examinations on an apparent victim of sexual assault or strangulation to use telehealth to connect to an appropriately trained physician, physician assistant or registered nurse to obtain instructions and guidance on conducting the examination.
West Virginia’s legislation requiring hospitals to have a trained healthcare provider available, or transfer agreement as provided in a county plan, to complete a sexual assault forensic examination (SB 89) became effective May 21, 2023, 90 days after its passage. “Available” includes having access to a trained sexual assault forensic examination expert via telehealth.

Legislation and Rulemaking Activity in Proposal Phase
Highlights:

Illinois progressed legislation (SB 2123) in the second chamber that would adopt the Counseling Compact.
Texas continued to progress legislation (HB 1771) in the second chamber that would require that each agency with regulatory authority over a health professional providing a telemedicine medical service, teledentistry or telehealth to adopt rules necessary to standardize formats for and retention of records related to a patient’s consent to treatment, data collection and data sharing.
Texas also progressed legislation (HB 617) in the second chamber that would establish a pilot project to provide emergency medical services instruction and emergency prehospital care instruction through a telemedicine medical service or telehealth service provided by regional trauma resource centers to healthcare providers in rural trauma facilities and emergency medical services providers in rural areas.

Why it matters:

Telehealth capabilities can reduce disparities in forensic examinations. States continue to progress legislation aiming to decrease disparities in the quality of forensic examinations by providing expert, live, interactive quality control and evidence-based methodologies to less experienced providers. Proponents argue that partnering on-site staff with telehealth [...]

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Trending in Telehealth: May 16 – 22, 2023

by Stacey Callaghan and Taylor Hood | May 26, 2023 | Telehealth

Trending in the past week:

Interstate Compacts
Telehealth Flexibilities

A CLOSER LOOK

Finalized Legislation & Rulemaking

The North Carolina General Assembly voted to override Gov. Roy Cooper’s veto of SB 20. Dubbed the Care for Women, Children, and Families Act, SB 20 operates to reduce access to reproductive health services, including by eliminating the provider’s ability to give patients information contained in the relevant consent form over the telephone. The legislation takes effect July 1.

Legislation and Rulemaking Activity in Proposal Phase

Highlights:

Alaska progressed legislation (SB 75) in the first chamber to join the Audiology and Speech-Language Pathology Interstate Compact.
Illinois progressed legislation (SB 2123) in the first chamber to adopt the Counseling Compact.
Oregon progressed legislation (SB 232) that would update the Oregon Medical Board’s telemedicine regulations at 52 O.R.S. §§ 677.080 and 677.137 to clarify that the practice of medicine occurs where a patient is physically located.
Texas continued to progress legislation (HB 1771) that would require each agency with regulatory authority over a health professional providing a telemedicine, teledentistry or telehealth to adopt rules to standardize formats for and retention of records related to a patient’s consent to treatment, data collection and data sharing.
Texas also progressed legislation (HB 617) in the first chamber that would establish a pilot project to provide emergency medical and prehospital care instruction through telemedicine/telehealth services by regional trauma resource centers to healthcare providers in rural area trauma facilities.

Why it matters:

Interstate compact adoption remains elevated. States continue to progress legislation that would enact licensure compacts across healthcare professions. This week, Alaska and Illinois took steps to adopt compacts that would ease out-of-state licensure hurdles and improve shared systems across public agencies.
Texas addresses rural care via telehealth. Many states are progressing legislation that would permanently extend telehealth flexibilities to allow providers to practice across counties and use technologies to reach and educate patients in rural low-access areas.

Telehealth is an important development in care delivery, but the regulatory patchwork is complicated. The McDermott digital health team works alongside the industry’s leading providers, payors and technology innovators to help them enter new markets, break down barriers to delivering accessible care and mitigate enforcement risk through proactive compliance. Are you working to make healthcare more accessible through telehealth? Let us help you transform telehealth.

Trending in Telehealth: May 8 – 15, 2023

by Purnima Boominathan and Taylor Hood | May 19, 2023 | Telehealth

Trending in the past week:

Inmate Health
Interstate Compacts

A CLOSER LOOK

Finalized Legislation and Rulemaking

Highlights:

Florida enacted legislation, HB 267, eliminating the explicit exclusion of audio-only telephone calls from the definition of telehealth in Florida’s telehealth practice standards. Accordingly, telephones are now a permitted telecommunications technology to provide telehealth services in Florida. Sponsored by Representative Fabricio, the bill passed the Florida Legislature unanimously and will take effect on July 1, 2023.
Vermont, in response to the US Supreme Court’s decision in Dobbs, enacted the Shield Bill, S 37, providing protections to patients and providers that receive or administer abortion and gender-affirming care.

Legislation and Rulemaking Activity in Proposal Phase

Highlights:

Iowa sent legislation to the governor, HF 671, that would establish the Professional Counselors Licensure Compact for professional counselors.
Louisiana progressed legislation, SB 186, that would allow Louisiana to join the Occupational Therapy Licensure Compact.
Missouri progressed legislation in the Second Chamber, SB 70, that would adopt the interstate Counseling Compact for professional counselors.
Texas progressed legislation, HB 3739/SB 1146, that would combine resources from the Department of Corrections and the University of Texas and Texas Tech University Health Sciences Center to explore ways to increase opportunities and expand access to telehealth-delivered services in correctional facilities.
Vermont progressed legislation, H 86/H 62, that would establish the Audiology & Speech-Language Pathology Interstate Compact and the interstate Counseling Compact for professional counselors.

Why it matters:

States continue to adopt interstate compacts. Well into the legislative session, states continue to introduce and progress legislation that would enact licensure compacts across healthcare professions. Just this week, Iowa, Louisiana, Missouri and Vermont took steps to adopt compacts that will improve continuity of care when clients or professionals travel, create a shared licensure data system, and protect public integrity by allowing the rapid sharing of investigative and disciplinary information.
Texas addresses inmate care via telehealth. The proposed legislation in Texas indicates the state’s desire to turn to telemedicine to provide healthcare services to individuals incarcerated in Texas prisons and jails. Proponents argue that increasing access to care for inmates via telemedicine reduces costs and improves outcomes.

HHS OIG Develops Toolkit to Analyze Telehealth Claims to Assess Program Integrity Risks

by James A. Cannatti III, Amanda Enyeart, Marshall E. Jackson, Jr., Lisa Mazur and Dexter Golinghorst | May 12, 2023 | Telehealth

On April 20, 2023, the United States Department of Health and Human Services Office of the Inspector General (HHS OIG) released a new toolkit designed to help analyze telehealth claims to assess federal healthcare program integrity risks. The toolkit is OIG’s latest action in its continued focus on telehealth services that OIG considers to be high risk. The toolkit is based on methodologies highlighted in OIG’s September 2022 data brief, which identified billing practices by Medicare providers that OIG was concerned posed a high risk to program integrity based on a review of Medicare fee-for-service claims data and Medicare Advantage data from March 1, 2020, through February 28, 2021 (OIG Data Brief). The September 2022 OIG Data Brief is discussed in detail in this prior On The Subject article.

OIG intends for the toolkit to be used by public and private parties, including Medicare Advantage plan sponsors, private health plans, State Medicaid Fraud Control Units, and other federal healthcare agencies to analyze program integrity risks and identify providers whose billing may pose a high risk and warrant further scrutiny.

Trending in Telehealth: May 2– 8, 2023

by Lisa Mazur, Amanda Enyeart and Taylor Hood | May 12, 2023 | Telehealth

Trending in Telehealth is a series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate virtual care.

Trending in the past week:

Maternal Health
Licensure/Prescription Flexibilities
Interstate Compacts

A CLOSER LOOK

Finalized Legislation & Rulemaking
Highlights:

Georgia enacted SB 106 also known as the Healthy Babies Act. The legislation, sponsored by Senate Majority Caucus Senator Larry Walker III, creates a three-year pilot program for remote maternal health services via the Georgia Department of Community Health. Beginning in FY 2024, the program will provide remote monitoring for pregnant women under the state’s Medicaid program. State legislators prioritized this bill in an effort to increase benefits for at-risk mothers in underserved rural communities. The program’s expanded benefits aim to encourage expecting mothers to utilize prenatal care.
Montana enacted legislation, SB 112, creating a new section related to a pharmacist’s prescribing authority exception. The exception states that a pharmacist may prescribe a drug or device for a legitimate medical purpose, as allowed under this section, for a person with whom the pharmacist has a patient-prescriber relationship. Supporters of the bill cited access-to-care hurdles for rural communities that could otherwise be overcome by allowing pharmacists to serve as a point of first contact. The bill, modeled after similar legislation passed in Idaho, will allow patients to be treated for certain minor conditions without having to visit a doctor’s office. Montana also enacted legislation (SB 214) to enact the Audiology and Speech-Language Pathology Compact and Occupational Therapy Compact (SB 155).
Oklahoma enacted legislation, SB 754, authorizing licensed dentists to allow teledentistry treatment by certain dental hygienists for patients in certain long-term care settings.

Legislation Rulemaking Activity in Proposal Phase
Highlights:

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Teleprescribing of Controlled Substances Temporarily Extended Beyond PHE – What’s Next?

by McDermott Will & Emery | May 10, 2023 | Telehealth

The US Drug Enforcement Administration (DEA) and the Substance Abuse and Mental Health Services Administration (SAMHSA) are extending telehealth flexibilities that allow providers to prescribe controlled substances. While the extension is in place, the DEA indicated that, in light of the 38,000 comments it has received, it will be further evaluating its recently proposed rules for post-PHE telemedicine prescription of controlled substances. Learn what stakeholders need to monitor during this time and what may be next from the DEA.

Read the On the Subject here.

Trending in Telehealth: April 25 – May 1, 2023

by Patrick Zanayed and Jayda Greco | May 3, 2023 | Telehealth

Trending in Telehealth is a series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate virtual care.

Trending in the past week:

Interstate Compacts
Professional Practice Standards
COVID-19 Licensure Flexibilities

A CLOSER LOOK

Finalized Legislation & Rulemaking

Illinois enacted HB 559, which allows any person who was issued a temporary out-of-state permit by the Illinois Department of Financial and Professional Regulation during the COVID-19 pandemic to continue to practice under her temporary out-of-state permit if she submits an application for licensure by endorsement to the Department on or before May 11, 2023. The legislation allows any such person to continue to practice under his temporary out-of-state permit until the Department issues the license or denies the application, at which time the temporary out-of-state permit will expire. The legislation also updates the definition of “direct supervision” for a speech language pathologist assistant to include video conferencing.
Tennessee enacted HB 498 and companion bill SB 721. The legislation exempts a patient receiving an initial behavioral health evaluation via telehealth from the reimbursement requirement that the patient have an in-person encounter with a healthcare services provider, the provider’s practice group or the healthcare system within 16 months prior to an interactive visit in order to establish a provider-patient relationship for purposes of telehealth.
North Dakota, Montana and Oklahoma enacted legislation (SB 2187, HB 777 and SB 575, respectively) to join the Counseling Compact.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

Montana progressed legislation to join the Occupational Therapy Compact (SB 155). Meanwhile, Iowa and Indiana progressed legislation to the second chamber (HF 671 and SB 160, respectively) to enact the Counseling Compact. South Carolina introduced legislation (S 610) that would enact the Counseling Compact, and Louisiana introduced legislation (SB 186) to join the Occupational Therapy Compact.
New Hampshire progressed legislation (HB 500) that would modify which controlled substances are permitted to be prescribed via telemedicine. The legislation would allow an advanced practice registered nurse (APRN) to prescribe non-opioid and opioid controlled drugs in schedule II through IV by means of telemedicine after establishing a relationship with the patient. When prescribing a non-opioid or opioid controlled drug classified in schedule II through IV via telemedicine, a practitioner licensed to prescribe the drug must conduct subsequent in-person exams at intervals appropriate for the patient, medical condition and drug, but not less than annually. The legislation further provides that an APRN who prescribes these drugs by telemedicine must obtain oral or written consent for the provision of services through telemedicine from the patient or, if the patient is a minor, from the patient’s parent or guardian unless state or [...]

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Of Digital Interest Quarterly Roundup | Q1 2023

by McDermott Will & Emery | May 3, 2023 | Telehealth

McDermott’s digital health team continually monitors legal developments affecting all aspects of the remote delivery of care. This inaugural issue of our Of Digital Interest Quarterly Roundup highlights key issues and trends in the first quarter of 2023.

Remote care is an important development in care delivery, but the regulatory patchwork is complicated. Our digital health team works alongside the industry’s leading providers, payors and technology innovators to help them enter new markets, break down barriers to delivering accessible care and mitigate enforcement risk through proactive compliance. Are you working to make healthcare more accessible through telehealth?

Download the report here.

Trending in Telehealth: April 18 – 24, 2023

by Amanda Enyeart and Jayda Greco | Apr 28, 2023 | Telehealth

Trending in Telehealth is a series from the McDermott digital health team in which we highlight state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and facilitate virtual care.

Trending in the past week:

Interstate Compacts
Professional Practice Standards

A CLOSER LOOK

Finalized Legislation & Rulemaking

West Virginia enacted Final Rules that create telehealth standards of practice for nurse practitioners. The rules, among other standards, permit a nurse practitioner to use telemedicine technologies that incorporate interactive audio using store and forward technology, real-time videoconferencing, or similar secure video services or real-time audio-only calls to establish a practitioner-patient relationship during the initial provider-patient encounter.
Louisiana adopted rulemaking that establishes telepsychology and telesupervision standards.
Indiana enacted SB 73, which established the Occupational Therapy Licensure Compact. The law becomes effective on July 1, 2023.
Montana enacted legislation, HB 777, to join the Counseling Compact.

Legislation & Rulemaking Activity in Proposal Phase

Highlights:

Montana progressed legislation to the governor to enact the Audiology and Speech-Language Pathology Compact (SB 214) and Occupational Therapy Compact (SB 155). Meanwhile, North Dakota progressed legislation to the Second Chamber (SB 2187) to enact the Counseling Compact.
Oregon introduced legislation (SB 232) that allows out-of-state physicians or physician assistants to provide care to patients located in Oregon in limited circumstances without obtaining full Oregon licensure or the equivalent telehealth licensure. These scenarios include emergencies (as defined by the Oregon Medical Board); consulting with another physician or physician assistant who is licensed in the state, so long as the out-of-state physician does not take on primary responsibility for diagnosis and treatment; providing care when the physician has an established relationship with the patient who is traveling for work, education or vacation; and in cases where the physician has an established relationship and is providing intermittent or temporary follow-up care. The bill further clarifies that the practice of medicine using telemedicine occurs where the patient is physically located.
Montana’s Senate passed HB 676 with amendments and sent the bill back to the state’s House of Representatives for reconciliation. The House of Representatives passed an earlier version of the bill on March 3, 2023. The bill enumerates fundamental parental rights with respect to children, including with respect to a child’s medical care, and requires a health professional to verify the identity of a parent who has given consent through telemedicine at the site where the consent is given.

Why it matters:

Elevated activity involving the adoption of interstate compacts continues. Many states are progressing legislation that would enact various licensure compacts across healthcare professions, easing burdens to licensure and reciprocity for professionals seeking to practice across state lines.
States continue to refine and adopt professional standards for telehealth practice. This week we saw increased adoption of telehealth practice [...]

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