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Melissa Ward
Sr. Business Analyst - Regulatory Affairs

New month, new edition of Regulatory Roundup! Here‘s a summary of the latest legislation affecting the telehealth industry and what’s changed in the last month. 

virtual care regulation

Federal

Maternity Care Action Plan Expanded Medicaid and Children’s Health Insurance Program (CHIP) Coverage Postpartum 

Georgia and Pennsylvania will be joining 24 other states in extending coverage to Medicaid and CHIP beneficiaries 12 months after pregnancy. Currently, the mandatory coverage postpartum is 60 days. It is estimated that a total of 418,000 Americans are benefitting from the 12-month expansion. 

Other states that have enacted the 12-month extension are: California, Connecticut, Florida, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Ohio, Oregon, South Carolina, Tennessee, Virginia, Washington, Washington D.C., and West Virginia. 

virtual care regulation

By State

Delaware Practice by Telehealth and Telemedicine Title 24Amended

Out-of-state providers must register with the Division of Professional Regulation if they live in a state that does not participate in an interstate licensing compact. To obtain registration, the provider must meet specific requirements: 

  • Live in a state without an interstate compact 
  • Hold a valid, active license in another state 
  • License is in good standing in all states in which the provider is licensed 
  • Not under investigation by another licensing board and is not the subject of a pending administrative complaint 

New Jersey Amendment 2193 Concerning Telehealth and Emergency Care Services Introduced

A previous amendment to this act removed the interactive, real-time requirement when providing telehealth, allowing providers to deliver care asynchronously when the standard of care can be met. This was a telehealth win as providers could determine how to best care for their patients.  

The state legislators are proposing additional amendments to the act related to emergencies. If enacted, organizations must establish requirements for emergency care plans to be used by providers if an emergency occurs. Providers would be required to make a good faith effort to directly contact and coordinate with emergency services following the requirements of the emergency care plan. The emergency care plan should include the following: 

  • Patient name and location 
  • Determine the location of the patient if the patient is unaware 
  • Patient and providers’ contact information 
  • Require emergency contact information before a telehealth visit 
  • Document requirements for emergencies that occur during a telehealth visit 
  • Process for reporting suicide attempts made during a visit to the Department of Health 

New York Senate Bill 9584Healthcare Services Provided by Telehealth Introduced

Effective June 2022, the state of New York required commercial insurance and Medicaid to cover telehealth services at the same rates as in-person care. However, the original bill also included a sunset date of April 1, 2024. This bill seeks to remove the sunset date and require permanent payment parity.

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This information, and any other information, content or other materials (collectively “Information”) we provide, does not, and is not intended to, constitute legal advice; instead, all Information is provided for general informational purposes only. The Information may not constitute the most up-to-date legal or other information.  Readers should contact their attorney to obtain advice with respect to any particular legal matter. No reader or user of any Information should act or refrain from acting on the basis of Information without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the Information – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, or access to, the Information does not create an attorney-client relationship between the reader or user, and the author or provider of the Information.

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