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:

• Insurance and Medicaid reimbursement
• Behavioral and mental health

A CLOSER LOOK

Finalized Legislation & Rulemaking:

• In Pennsylvania, the governor signed SB 739, which amends Title 40 (Insurance) of the Pennsylvania Consolidated Statutes to require health insurers and Medicaid and CHIP managed care programs to provide coverage for healthcare services delivered through telemedicine using a HIPAA compliant technology. This bill establishes definitions related to telemedicine, as well as requirements for health insurance and Medicaid coverage of telemedicine services.

Legislation & Rulemaking Activity in Proposal Phase:

Highlights:

• Delaware issued a proposed rule to amend the Delaware Administrative code concerning professional counselors of mental health and chemical dependency professionals to clarify that face-to-face supervision or counseling includes live video conferencing.
• Arizona issued a notice of rulemaking to notify of its intent to amend the Arizona Board of Behavioral Health Examiners rules to make them consistent with statutory changes including: (1) amending the definition of direct client contact to include therapeutic or clinical care via telehealth; (2) registration of out-of-state providers of telehealth services; (3) removing the requirements for evidence of indirect client hours obtained during training for social workers, counselors, marriage and family therapists, and addiction counselors; and (4) implementing the interstate compact for licensed professional counselors.

Why it matters:

• States are increasing access to and coverage for telemedicine services. Pennsylvania expanded access to and coverage of telehealth services across insurance providers and across the state. Additionally, Delaware and Arizona are considering rules to include live video conferencing under the definition of direct patient care.

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.