Trending In Telehealth: January 17 – 23, 2023 – Healthcare

Trending in Telehealth is a new weekly series from the
McDermott Digital Health team where we highlight 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 this week:

• Provider Licensing




• Telehealth Definitions




• Telehealth Service Expansion

A closer look:

Finalized: 1

• New Jersey finalized a seven-year extension to existing rules
  that were set to expire on January 15, 2023. These rules, in part,
  allow for flexibility for out of state speech pathologist and
  audiologists to obtain a license without an examination.

Proposed: 13

• Maryland saw activity across a collection of
  nine proposed rules.
  

  • Comment periods closed on January 17, 2023, for five rules
    proposed in mid-December. These rules amend or create telehealth
    standards of practice for LCSWs, Behavior Analysts, Podiatrists, Optometrists, and Audiologists and Speech
    Pathologists.

  
  

  • On January 13 the state proposed rules that clarify standards
    of practice for telehealth providers in physical therapy and early intervention care for
    children settings.

  
  

  • The state proposed two additional rules expanding services
    provided via telehealth that would be covered under the Medical
    Assistance program. This includes expanding reimbursable
    physician’s services, and care provided in urgent care settings. Both
    proposed rules require that all telehealth services are compliant
    with general requirements for telehealth practice to be
    reimbursed.




• The South Dakota House passed a bill that amends practice
  guidelines for speech pathologists, including clarifying telehealth
  standards. This bill goes to the state Senate for voting.




• The Wyoming Senate has moved forward on two
  bills to adopt professional counseling compact
  and Psychology Interjurisdictional
  Compact (PsyPact) requirements. These bills both head to the
  South Dakota House.




• Texas proposed rule changes related to the
  provision of prenatal care that expand the use of telehealth and
  differentiates between medical services provided through telehealth
  and non-health services.

Highlights for the Industry:

• States continue to propose bills and regulations that would
  align telehealth definitions and licensing standards across
  provider type. The rules Maryland proposed in
  December seek to standardize language around telehealth across five
  different provider types. The South Dakota bill
  similarly seeks to replace outdated language relating to speech
  pathologists providing telehealth with standardized references.
  This would seem to indicate that with expanded adoption of
  telehealth regulations, states are now adjusting outdated language
  to create more streamlined standards.




• The Wyoming Senate has moved forward on a bill
  to adopt professional counseling compact and Psychological
  Interjurisdictional Compact requirements, showing that
  tele-behavioral health continues to be a focus for states. Wyoming
  is one of eight states with active bills pending
  in state legislatures considering enrolling in the Psychological
  Interjurisdictional Compact (Psypact). Greater enrollment and
  adoption of licensing compacts creates a more standardized process
  for providers to quickly obtain licensure in many states, being
  able to provider care across state lines, a problem that has faced
  multi-state 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. Are you working to
make healthcare more accessible through telehealth? Let us help you transform
telehealth.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.