8 Key Updates to Telehealth and Virtual Care Management Law and Policy

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Now, on to the updates!

As states continue to grapple with the changes that technology and the pandemic have brought to the provision of health care, state requirements for virtual care services continue to evolve. Highlighted in this issue of the newsletter are the creation of a telemedicine business registry in Mississippi, new standards for optometric telemedicine in Louisiana, and a Texas rule easing requirements for end stage renal disease facilities during the COVID-19 pandemic.

SPOTLIGHT: Mississippi’s Telemedicine Business Registry

TLDR: In May 2021, the Mississippi Department of Health adopted final rules establishing the creation of a state telemedicine business registry. Any health care provider or entity offering telehealth services in the state of Mississippi must register with the Department of Health Office of Licensure before providing telehealth services to patients. Registration is valid for two years and is issued for the registration period of July 1 of the registration year to June 30 two calendar years later. If you provide telehealth services, make sure to have your registration completed before July 1.?

Key Takeaways:

• All health care providers and entities offering telehealth services must register with the Department of Health Office of Licensure.
• Registration is valid for two years and is issued for the period of July 1 of the registration year to July 30 two calendar years later.
• The initial registration fee is $50.
• Check out the full requirements and registration application form here.

DISTRICT OF COLUMBIA

D.C. Passes Amendment Temporarily Easing Licensing Restrictions on Health Care Workers

TLDR: The District of Columbia passed a temporary amendment that will allow certain volunteer health care professionals and licensed health care providers to practice in the District without a District license if certain requirements are met. Qualifying providers may provide a host of services to patients, including telehealth services. The amendment is set to expire on August 10, 2022.

Key Takeaways:

Providers may furnish telehealth services to patients in DC without a District license if certain requirements are met. These requirements include that the health care provider:

• Is licensed, registered, or certified, and in good standing in another jurisdiction;
• Has been fully vaccinated against COVID-19 or has been granted a medical or religious exemption;
• Has not received an order limiting the provider’s ability to practice their profession in any state or jurisdiction;
• Provides the healthcare services at a licensed or certified healthcare entity.
• Check out the full requirements here.

LOUISIANA

Adoption of Standards for Optometric Telemedicine

TLDR: The Louisiana Board of Optometry Examiners has adopted a new regulation that establishes standards for the practice of optometry using telemedicine. This is the first standard adopted for optometry using telemedicine in the state and offers a unique opportunity for optometrists offering such services to patients. Optometrists offering telemedicine services should review the adopted standards and adjust their policies and practices accordingly.

Key Takeaways:

The adopted standard for the practice of optometry using telemedicine includes:

• A provider of optometric telemedicine must hold an active Louisiana optometric license in good standing and be telemedicine registered.
• Optometric telemedicine services may be used for all patient visits.
• For an optometrist providing telemedicine services to a patient outside an established treatment site, there must be an existing provider-patient relationship, which includes at least one face-to-face meeting.
• Check out the full standards here under Section 509 – Optometric Telemedicine.

NEW JERSEY

New Jersey Updates Telehealth Standards for Alcohol and Drug Counselors

TLDR: The New Jersey Board of Marriage and Family Therapy Examiners adopted new regulations that establish telemedicine and telehealth standards for alcohol and drug counselors. The new regulations set out the requirements for the standard of care, provider-patient relationships, recordkeeping, and more. Alcohol and drug counselors offering telehealth services in the state should review these standards.

Key Takeaways:

The requirements provided in the new regulations include:

• The provision of telemedicine or telehealth services must be consistent with the same standard of care as in-person services;
• A counselor-patient relationship must be established prior to providing services via telemedicine or telehealth;
• As long as all requirements of the counselor-patient relationship are met, a licensed counselor may provide alcohol and drug counseling to a client through the use of telemedicine and telehealth.
• See the full revisions here.

NEW YORK

New York Office of Alcoholism and Substance Abuse Services Revises Telehealth Rules

TLDR: Last November, the New York Office of Alcoholism and Substance Abuse Services (OASAS) updated its telehealth rules under a temporary emergency rule. Those changes have now been adopted permanently and bring OASAS in line with the recent changes the state has made in its use of telehealth for mental and behavioral health services. The changes provide additional clarity and consistency for providers of mental and behavioral health services in the state who implement telehealth as part of their practice.

Key Takeaways:

The updated rule includes provisions that:

• All OASAS services may be delivered via telehealth unless otherwise specified.
• Telehealth in the context of OASAS programs means the use of a two-way real-time interactive telecommunication system for the purpose of providing addiction services at a distance.
• Telehealth does not include email, text messages, or facsimile transmissions.
• Patient consent to record telehealth sessions must be documented in the clinical record.
• Check out the full revisions here.

OHIO

Revised Rule Clarifies Use of Telehealth for Intensive Home-Based Treatment (IHBT) Mental Health Services

TLDR: Ohio recently adopted a revised rule for the use of intensive home-based treatment (IHBT) mental health services. The new rule clarifies how such services should be implemented and confirms that these services may be provided through the use of telehealth. While use of telehealth for these services was already allowed by other sections of the Ohio Administrative Code, this change brings consistency and clarification to mental health providers in this area.

Key Takeaways:

• Intensive home-based treatment services may be offered through the use of telehealth.
• Check out the full revisions here.

OREGON (2)

(1) Oregon Requires Insurers to Provide Annual Reporting of Behavioral Health Benefits

TLDR: Oregon passed regulations requiring insurance providers offering individual or group health benefit plans to submit annual reports of behavioral health benefits to the state. Insurance providers will be required to disclose plan and coverage terms, treatment limitations, claims information, and reimbursement data. Additionally, the report will collect information on the use of telehealth and will help the state assess the impact of telehealth services on behavioral health, medical, and surgical claims in the state.

Key Takeaways:

The annual report will collect telehealth-specific information including:

• Total number of telehealth claims;
• Number of telehealth claims related to behavioral health, medical, and surgical claims respectively;
• Any differences in the median maximum allowable reimbursement rate for telehealth claims versus traditional claims;
• Any other differences in telehealth policies and procedures versus traditional claims.
• Check out the full revisions here.

(2) Standards Established for Behavioral Health Resource Networks

TLDR: The Oregon Oversight and Accountability Council adopted new rules establishing operational standards for Behavioral Health Resource Networks (BHRNs) in the state. These include standards for screening procedures, referrals, supportive services, and patient assessments. Patient services may be offered face-to-face or through telehealth services.

Key Takeaways:

• Patient services offered through BHRNs may be offered face-to-face or through telehealth services.
• BHRN providers should review the full operational standards established here.

TEXAS (2)

(1) Texas Adopts Emergency Rule to Ease Requirements on End Stage Renal Disease Facilities during COVID

TLDR: The Texas Health and Human Services Commission adopted an emergency rule to ease requirements on end stage renal disease facilities during the ongoing pandemic. The new rule is scheduled to expire on June 4, 2022.

Key Takeaways:

The emergency rule makes several changes to the requirements for end stage renal disease facilities including:

• For home dialysis patients, a home patient visit may be conducted via telemedicine medical services.
• Check out the full revisions here.

(2) Renewal of Emergency Rule Allowing Telehealth Services by Licensed Chemical Dependency Counselor Interns

TLDR: The Texas Health and Human Services Commission has extended an emergency rule originally adopted in August 2021. The rule allows certain licensed chemical dependency counselor (LCDC) interns to provide services via telehealth services and allows virtual supervision of the interns. The emergency rule is now set to expire on April 9, 2022.

Key Takeaways:

The provisions of the emergency rule include:

• A chemical dependency counselor intern with more than 1,000 hours of supervised work experience may provide services either in person or through telehealth services.
• The supervisor of a counselor intern with less than 2,000 hours of supervised work experience must be on site or immediately accessible by two-way, real-time internet or telephone communications when the intern is providing services.
• A counselor supervisor may use two-way, real-time internet or telephone communications to observe and document the intern performing assigned counseling activities.
• Check out the full revisions here.

And that brings this edition to a close.

We can't leave without wishing you all a belated Happy International Women's Day. Be sure to check out our second annual Invest in Womxn List for VC and accelerator resources, our new Legally Femtech podcast hosted by Bethany Corbin, and our Women of NGL video to showcase how our team members #breakthebias in the work they do every day.

Click on the image below to access all those resources.

As usual, know that if you’re a client of Nixon Gwilt Law, then we’re keeping tabs on all of these law and policy changes for you. You don’t have to worry about tracking all these updates on your own or making key business decisions without fully understanding the evolving landscape. (And with 50 states and multiple federal agencies, something is always changing).

If you’re not yet a Nixon Gwilt Law client, you can always?explore how we help businesses like yours by clicking here.

Stay tuned for our next edition in 2 weeks (which will also include a crash course on the MSO Friendly PC Model essential to all telemedicine providers).