9 Updates for Telehealth and Virtual Care Management Businesses

Ah, spring – don't you just love it? It's the season of new growth, and there's been some pretty interesting developments on the legal and policy front, too.

A quick note: We'll be at #ATANexus! Carrie Nixon , Rebecca E. Gwilt , Kaitlyn O'Connor , and Michael Schellhous will all be speaking and networking at the event. Will we see you there?

Now let's get to the updates.

Florida

Enters Audiology and Speech-Language Pathology Compact

TLDR: Effective March 21, 2024, Florida entered the Audiology and Speech-Language Pathology Compact. This will enable licensed audiologists and speech-language pathologists in Florida to practice in other Compact states. It will also enable licensed audiologists and speech-language pathologists in other Compact states to practice in Florida without the need to obtain additional licenses.

Key Takeaways:

• Under the Compact, licensed audiologists and speech-language pathologists who are licensed in member states have the right to practice in any member state via telehealth under a privilege to practice.
• Check out the full revisions here.

New Jersey

Renews Telemedicine and Telehealth Reimbursement Coverage

TLDR: Effective December 21, 2023, New Jersey renewed the requirement that state health benefit plans provide coverage and payment for telemedicine and telehealth services at a provider reimbursement rate equal to the in-person reimbursement rate for the same services. This extension allows reimbursement rates for virtual care established during the COVID-19 PHE to remain in place for an additional year. The extension is set to expire on December 31, 2024. Check out the extension here.

South Carolina

Enacts Telehealth and Telemedicine Modernization Act?

TLDR: Effective March 11, 2024, South Carolina enacted the Telehealth and Telemedicine Modernization Act detailing requirements for providers offering virtual services in the state. The Act adds a definition for telehealth to the state’s existing Medical Practice Act, which new definition expands telemedicine rules to non-physicians. The Act also eliminates the prohibition on forming a practitioner-patient relationship via questionnaire, opening up the state for more asynchronous telehealth models. It allows telehealth informal consultations and second opinions from licensed out-of-state providers at the request of a South Carolina physician. This is most relevant for hospitals and specialists whose patients may live a great distance from them. It also modifies teleprescribing rules.?

Key Takeaways:?

• An exception is created allowing out-of-state providers to issue virtual treatment for ongoing specialty care to a patient in South Carolina.
• Removal of a restriction on questionnaire-based asynchronous telemedicine.?
• Check out the full revisions here.

Utah

Medicaid Reimburses Physician Assistants for Telepsychiatric Consultations

TLDR: Effective May 1, 2024, Utah Medicaid will now reimburse telepsychiatric consultations between physician assistants and board-certified psychiatrists. Previously, Medicaid only reimbursed telepsychiatric consultations between physicians and board-certified psychiatrists.?

Key Takeaways:

• The state expanded the definition of telepsychiatric consultations to include physician assistant consultations.? This expansion (and the related reimbursement opportunity) could improve patient access to care.??
• Check out the full revisions here.?

Enters Social Work Licensure Compact

TLDR: Effective May 1, 2024, Utah enters the Social Work Licensure Compact. This will enable licensed social workers in Utah to practice in other Compact states. It will also enable licensed social workers in other Compact states to practice in Utah without the need to obtain additional licenses.

Key Takeaways:

• Under the Compact, licensed social workers who are licensed in member states have the right to practice in any member state via telehealth under a privilege to practice.
• Check out the full revisions here.

Washington

Passes the Uniform Telehealth Act (HM)

TLDR: Effective June 6, 2024, Washington’s Uniform Telehealth Act will establish uniform telehealth standards for healthcare practitioners throughout the state. The Act explicitly specifies that a practitioner-patient relationship can be established through telehealth. However, under the Act, the practitioner-patient relationship cannot be established through email, instant messaging, text messaging, or fax. The new law ensures virtual or in-person healthcare professional services follow the same practice standards regardless of the delivery method used.?

Key Takeaways:

• To clarify existing practices, Washington telehealth services cannot receive different professional practice standards from those offered in person.?
• A disciplinary authority in Washington cannot enforce a rule establishing different professional practice standards for telehealth services solely because the services are provided via telehealth.?
• Check out the full revisions here.

Loosens Established Relationship Visit Timeline Required for Telemedicine Reimbursement (CW)

TLDR: Effective June 6, 2024, Washington adopted a new rule that reduces the number of in-person visits required for reimbursing audio-only telehealth. Previously, only providers offering the essential health benefits category of mental health and substance use disorder services were permitted to satisfy the in-person or real-time interactive appointment established relationship requirement on a once every three-year basis; however, now all health care services are included in the once every three-year cadence.

Key Takeaways:?

• Specifically, this change applies to health plans for employees and their covered dependents, health plans issued or renewed on or after January 1, 2017, and managed care organizations contracted with authority for the Medicaid program.
• In general, a provider can establish the requisite relationship with a patient using audio-only telemedicine if the provider and patient had at least one in-person appointment, or at least one real-time interactive appointment using both audio and video technology in the prior three years.
• Check out the full revisions here.?

Enters Social Work Licensure Compact

TLDR: Effective June 6, 2024, Washington will enter the Social Work Licensure Compact. This will enable licensed social workers in Washington to practice in other Compact states. It will also enable licensed social workers in other Compact states to practice in Washington without the need to obtain additional licenses.

Key Takeaways:

• Under the Compact, licensed social workers who are licensed in member states have the right to practice in any member state via telehealth under a privilege to practice.
• Check out the full revisions here.

Wisconsin

Allows Medicaid Telehealth Provider Enrollment Without a Wisconsin Address?

TLDR: Effective July 1, 2024, Wisconsin Medicaid adopted a rule that removes the in-state physical location requirement for healthcare providers offering services exclusively via telehealth. This change enables telehealth providers to offer services to individuals located in Wisconsin without establishing a physical location in the State, expanding residents’ access to a larger pool of telehealth providers. Check out the full revisions here.