Trending in Telehealth: February 2025

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 February:

  • Interstate compacts
  • Telepharmacy services
  • Veterinary services
  • Telehealth practice standards

A CLOSER LOOK

Proposed Legislation & Rulemaking:

  • North Dakota proposed amendments to the North Dakota Century Code related to optometrist licensure and standards for providing tele-optometry. The amendments delineate the circumstances under which a licensed optometrist may use telemedicine to provide care. Proposed practice standards include requirements to establish a proper provider-patient relationship and requirements related to informed consent.
  • In Indiana, Senate Bill 473 proposed amendments that would allow providers to prescribe certain agonist opioids through telemedicine technologies for the treatment or management of opioid dependence. Current law only allows partial agonist opioids to be prescribed virtually.

Finalized Legislation & Rulemaking Activity:

  • Ohio enacted Senate Bill 95, authorizing the operation of remote dispensing pharmacies, defined as pharmacies where the dispensing of drugs, patient counseling, and other pharmacist care is provided and monitored through telepharmacy systems.
  • The Texas Health and Human Services Commission adopted an amendment to the Texas Government Code, requiring that providers be reimbursed for teledentistry services. The amendment allows flexibility for a dentist to use synchronous audiovisual technologies to conduct an oral evaluation of an established client. This change makes oral evaluations more accessible and prevents unnecessary travel for clients in the Texas Health Steps Program.
  • The Arkansas governor signed Senate Bill 61 into law, authorizing the practice of veterinary telemedicine in the state. The bill includes practice standards for veterinary telemedicine and provision of emergency veterinary care.
  • Also in Arkansas, House Bill 1427 enacted the Healthy Moms, Healthy Babies Act. The act amends Arkansas law to improve maternal health and establish reimbursement procedures for remote ultrasounds.

Compact Activity:

  • Several states have advanced licensure compacts. These compacts enable certain categories of physicians to practice across state lines, whether in person or via telemedicine. The following states have introduced bills to enact these compacts:

Why it matters:

  • States continue to expand practitioners’ ability to provide telehealth services across state lines. While telemedicine is often seen as an alternative method for care delivery, it can sometimes be the most effective and efficient option. Expanding interstate licensure compacts improves access to qualified practitioners, particularly in underserved and rural areas. These compacts also enhance career opportunities and reduce the burdens associated with obtaining multiple state licenses.
  • States [...]

    Continue Reading



Trending in Telehealth: January 6 – 27, 2025

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 weeks:

  • Provider training
  • Telepharmacy
  • Licensure exceptions

A CLOSER LOOK

Proposed Legislation & Rulemaking:

  • In Ohio, the Department of Mental Health and Addiction Services proposed amendments to the mobile response and stabilization services (MRSS) rule. The changes would clarify when telehealth is a “clinically appropriate” modality for delivering MRSS, such as when a clinician requests a mobile response and that clinician is not available to respond in person as part of the MRSS team.
  • New York’s FY 2026 budget includes legislation to join the Nurse Licensure Compact (NLC). Joining the NLC would make it easier for certain categories of nurses licensed in other states to practice in New York either physically or through telemedicine, and for New York providers to offer virtual care to their patients who travel to other states.
  • Also in New York, Senate Bill 1430 passed the Senate and was referred to the Assembly. The proposed legislation would establish the New York state abortion clinical training program within the Department of Health. The curriculum would include training on the delivery of abortion and other reproductive healthcare services through telehealth.
  • Vermont’s Office of Professional Regulation proposed amendments to the Administrative Rules of the Board of Pharmacy that further elaborate on the state’s telepharmacy practicing and licensure requirements. Under the proposed rules, telepharmacists would be subject to the same rules and standards applicable to all modalities of pharmacy practice. The proposed rule also provides that pharmacists licensed in other jurisdictions who wish to provide only telepharmacy services from outside of Vermont to individuals located in Vermont may apply for an out-of-state telepharmacist license.

Finalized Legislation & Rulemaking Activity:

  • North Dakota adopted rule amendments that provide exceptions to physician licensure for telehealth providers licensed in another state, including for continuation of care for an established patient, care while the patient is located within the state temporarily, preparation for a scheduled in-person visit, practitioner-to-practitioner consultations, and emergency circumstances.
  • The Ohio governor signed Senate Bill 95 into law. The legislation provides an exception to current state law that prohibits pharmacists from dispensing dangerous drugs through telehealth or virtual means. For more information on this rule, please see our previous post.
  • The Texas Medical Board repealed 22 Tex. Admin. Code § 170, which included regulations concerning the electronic prescribing of controlled substances. The board also repealed 22 Tex. Admin. Code § 174, concerning telemedicine generally, and replaced it with the new 22 Tex. Admin. Code § 175. These regulations state that a physician may not provide telemedicine medical services to patients in Texas unless the physician holds a full Texas [...]

    Continue Reading



Human Trafficking Monitoring for Telehealth Providers

Overview: Telehealth providers are uniquely positioned to monitor for human trafficking when interacting with patients. Survivor records indicate that health services are among the most common points of access to help trafficked persons, and nearly 70% of human trafficking survivors report having had access to health services at some point during their exploitation. While there’s limited data regarding trafficked persons’ use of telehealth services, empirical evidence demonstrates that a greater proportion of trafficked persons completed telehealth appointments during the early period of the COVID-19 pandemic than pre-pandemic. To enable telehealth providers to assist trafficked patients, this article discusses the legal landscape surrounding human trafficking and lays out best practices for telehealth providers.

Background: Telehealth providers are subject to a patchwork of legal requirements aimed at reducing human trafficking. If the patient is under the age of 18 or is disabled, many states require telehealth providers to report instances in which they know or reasonably believe the patient has experienced or is experiencing abuse, mistreatment, or neglect. Some states, such as Florida and New Jersey, also require telehealth providers partake in anti-trafficking education.

Online platforms that offer telehealth services are also subject to federal legislation regarding sex trafficking monitoring. In 2018, US Congress passed the Allow States and Victims to Fight Online Trafficking Act of 2017 (FOSTA). The law was enacted primarily in response to unsuccessful litigation against Backpage.com, a website accused of permitting and even assisting users in posting advertisements for sex trafficking. Before FOSTA’s enactment, Section 230 of the Communications Decency Act essentially shielded online platforms from liability for such conduct. FOSTA, however, effectively created an exception to Section 230 by establishing criminal penalties for those who promote or facilitate sex trafficking through their control of online platforms. These penalties, generally limited to a fine, imprisonment of up to 10 years, or both, may be heightened for aggravated violations, which are violations involving reckless disregard of sex trafficking or the promotion or facilitation of prostitution of five or more people. State attorneys general and, in cases of aggravated violations, injured persons also may bring civil actions against those who control online platforms in violation of the law.

Since FOSTA’s inception, the US Department of Justice (DOJ) has brought at least one criminal charge under the law. In 2021, after being charged by DOJ, the owner of the online platform CityXGuide.com pleaded guilty to one count of promotion of prostitution and reckless disregard of sex trafficking, a violation of FOSTA’s aggravated violations provision. According to DOJ officials, more charges have not been brought under FOSTA because the law is relatively new and federal prosecutors have had success prosecuting those who control online platforms by bringing racketeering and money laundering charges. Nonetheless, it is possible that prosecutors will pursue FOSTA violations more regularly during the Trump administration, particularly because US President Donald Trump signed it into law during his first term in office, calling it “crucial legislation.”

Best Practices for Telehealth Providers

Telehealth providers and [...]

Continue Reading




Trending in Telehealth: December 18, 2024 – January 6, 2025

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 weeks:

  • Reimbursement parity
  • Provider telehealth education

A CLOSER LOOK

Proposed Legislation & Rulemaking:

  • In Ohio, Senate Bill 95 passed both the House and Senate chambers. This bill will allow for remote pharmacy dispensing, as current state law prohibits the dispensing of a dangerous drug by a pharmacist through telehealth or virtual means.
  • In Oregon, the Oregon Health Authority, Health Systems Division: Medical Assistance Programs proposed rule amendments to clarify the telehealth rule definitions, including adding cross-references to established definitions in OAR 410-120-0000.
  • In New York, the Department of Public Health (DPH) proposed two new amendments to the Medicaid State Plan for non-institutional services:

Finalized Legislation & Rulemaking Activity:

  • In Illinois, an amendment to the Illinois Public Aid Code went into effect on January 1, 2025. Passed in June of 2024, Senate Bill 3268 provides that the Department of Human Services will pay negotiated, agreed-upon administrative fees associated with implementing telehealth services for persons with intellectual and developmental disabilities receiving Community Integrated Living Arrangement residential services.
  • Also in Illinois, an amendment to the Illinois Physical Therapy Act went into effect January 1, 2025. Passed in August of 2024, House Bill 5087 significantly limits the ability of physical therapists to provide telehealth services to patients in the state. For more information on the effects of this bill, please read our article discussing its implications.
  • In Kentucky, Senate Bill 111 went into effect January 1, 2025. This bill requires health benefit plans, limited health service benefit plans, Medicaid and state health plans to provide coverage for speech therapy provided via telehealth.
  • Missouri’s emergency rule amendments for virtual visit coverage under the Missouri Consolidated Health Care Plan took effect as of January 1, 2025. For more information on this bill, please see our related article from last month.
  • In New Jersey, Assembly Bill 3853 was signed into law by the governor. The legislation extends certain pay parity regarding telemedicine and telehealth until July 1, 2026, meaning that New Jersey health plans shall reimburse telehealth and telemedicine services at the same [...]

    Continue Reading



Trending in Telehealth: December 11 – 17, 2024

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:

  • Licensure compacts
  • Telepharmacies
  • Telehealth practice standards

A CLOSER LOOK

Proposed Legislation & Rulemaking:

  • In Michigan, House Bill 4169 was referred to the second committee after passing the first chamber. The bill would enact the Interstate Occupational Therapy Licensure Compact in Michigan. The compact is designed to facilitate use of telehealth technology to increase access to occupational therapy services.
  • New York’s Assembly Bill 6799, which has passed both chambers, was delivered to the governor for review. The proposed legislation seeks to establish an education program for screening drug-induced movement disorders and specifically includes services provided via telehealth.
  • In Ohio, Senate Bill 95 passed the second chamber. If enacted, the legislation would provide an exception to current state law that prohibits pharmacists from dispensing dangerous drugs through telehealth or virtual means. Under state law, dangerous drugs include prescription medications, schedule V controlled substances, injectables, biological products, and drugs with certain mandatory federal caution labels. The proposed legislation would create an allowance for remote dispensing pharmacies, which dispense drugs, counsel patients, and provide other pharmacist care through a telepharmacy system. Telepharmacy is a system that monitors the dispensing of drugs and provides for related drug utilization review and patient counseling services via electronic means. The dispensing of drugs at a remote dispensing pharmacy may include the dispensing of drug-therapy-related devices.

Finalized Legislation & Rulemaking Activity:

  • In Delaware, the Board of Mental Health and Chemical Dependency Professionals final rule took effect, updating existing regulations that include telehealth practice standards. The board clarified that “face-to-face” services include both in-person and live video mental health counseling services. The board also removed the previous supervision requirement for counselor applicants that restricted the amount of supervision that could be credited for live video conferencing rather than in-person means.

Why it matters:

  • Interstate licensure compacts are progressively expanding. Michigan’s proposed legislation to join the Interstate Occupational Therapy Licensure Compact demonstrates states’ ongoing interest in compacts that enable healthcare professionals to practice across state lines. These compacts can expand access to qualified practitioners in underserved and rural areas, enhance career flexibility, and reduce the administrative burdens associated with applying for multiple state licenses.
  • States are adapting to the sustained significance of telehealth. Legislative and regulatory trends reflect a continued recognition that telehealth can be utilized for a wide variety of purposes, including provision of health services education (as in New York’s proposed bill) and supervisory training (as in Delaware’s final rule).

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 [...]

Continue Reading




STAY CONNECTED

TOPICS

ARCHIVES

2021 Chambers USA top ranked firm
LEgal 500 EMEA top tier firm 2021
U.S. News Law Firm of the Year 2022 Health Care Law