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:

• Professional standards
• Hospice services
• Teledentistry

A CLOSER LOOK

Finalized Legislation & Rulemaking:

• In Alaska, the governor signed SB 91 that impacts out-of-state members of a multi-disciplinary team providing services to a patient located within the state. SB 91 clarifies that the out-of-state members of a multi-disciplinary team are treated the same as out-of-state physicians and it addresses the disciplinary actions that may be imposed.

Legislation & Rulemaking Activity in Proposal Phase:

Highlights:

• In New Hampshire, the House passed HB 1095, which standardizes the definition of telemedicine across multiple professions.
• Ohio proposed two separate substantive rules eliminating the availability of services provided via telehealth. The summaries of the rule changes reference changes in federal policy since the end of the COVID public health emergency as justification for the roll-back, but do not specify the specific policy changes:
  • The first rule relates to Medicaid covered services that hospice providers may or must furnish to the extent specified by the individual’s plan of care. Among the changes to the rule is the removal of language that allows core and non-core services to be provided through a combination of contracting services and telehealth services as necessary.
  • The second rule addresses hospice services and includes among the changes the removal of language that allowed for the reimbursement of telehealth services where in-person visits were otherwise mandated.
• Washington issued a proposal statement of inquiry regarding a possible rule implementing recent legislation which updated supervision requirements and the scope of practice for medical assistants. The bill lowered the supervision level required for the medical assistant-certified (MA-C) credential and the medical assistant-registered (MA-R) credential to provide treatment for known or suspected syphilis infections from “immediate or direct visual” supervision to “telemedicine” supervision.
• Nevada proposed a rule establishing permissible services to be provided via teledentistry.

Why it matters:

• States are focusing on ensuring professional standards for telehealth services. Ohio and Washington are considering proposed rules to adopt additional professional standards and scope of practice regulations concerning various healthcare professionals. Alaska also passed a bill that imposes certain disciplinary guidelines for the improper provision of telehealth services.
• Teledentistry continues to be adopted by more states. Nevada is considering a proposed rule establishing provisions on teledentistry.

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.