Trend in telehealth highlights state legislative and regulatory developments that impact healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that provide and facilitate the delivery of virtual care.
Last week’s trend:
- Interstate licensing compacts
- Telehealth Practice Standards
- Tax policies and incentives
- Behavioral health
- Regulatory license
TO LOOK CLOSER
Legislation and regulations finalized
- In Wisconsin, the governor signed AB 364. The bill amends the Wisconsin tax code by adopting certain provisions of the Internal Revenue Code relating to telehealth and other remote health care services and deductible health plans Higher Appropriations Act (HDHP) under the Consolidated Appropriations Acts of 2022 and 2023. Specifically, AB 364 allows individuals covered by an HDHP to claim a state income tax deduction for contributions to an account health savings plan, even if the plan has a $0 deductible for telehealth or remote services. The tax deduction will be available for tax years beginning after 2021.
Legislative and regulatory activities in the proposal phase
Strong points:
- In Wisconsin, SB 1 passed through the first chamber. The proposed bill seeks to ratify and enroll Wisconsin in the following interstate compacts: the Audiology and Speech-Language Pathology Interstate Compact, the PA Licensure Compact, the Social Work Licensure Compact, and the Counseling Compact.
- In Illinois, SB 767 passed through the first chamber. The proposed bill would amend the HMO Act and allow audiologists and physicians to prescribe hearing aids via in-person or telehealth evaluations.
- Nevada proposed a rule that sets standards for remote practice for social workers. Among other things, the rule 1) would permit remote supervision of trainees, thereby removing requirements for in-person supervision; 2) clarify that telehealth must be provided through providers licensed in Nevada; 3) allow social workers to elect “inactive status” for periods when the licensee is not actively providing services in the State; and 4) create a new licensure-by-endorsement process for social workers licensed in different countries.
- Vermont proposed a rule to implement two new professional titles created by the law: telehealth licensure and telehealth registration. Under the proposed rule, out-of-state health care professionals may obtain 1) a telehealth license to provide telehealth services to a total of up to 20 patients in Vermont for a license term of two years or 2) telehealth registration to provide telehealth services. services for a period not exceeding 120 consecutive days from the date the registration is issued and for a total of not more than 10 patients during the 120-day period. Licensing and registration offers a discount for out-of-state providers because the fee for a telehealth license is 75% of the full license fee and the telehealth registration is half of the full license fee.
Why is this important:
- Professional mobility and flexibility. Vermont’s initiative to introduce telehealth licensing and registration for out-of-state healthcare professionals represents an important step in facilitating the practice of telehealth within the state. This proposal aims to streamline the licensure process by providing a quick, cost-effective alternative for health care providers who may not see many patients in the state and find full licensing financially burdensome. By reducing barriers to licensure, Vermont’s proposed rule encourages greater participation by out-of-state professionals and greater accessibility to health care services for Vermont patients.
- Virtual professional development. Legislative activity in Nevada would allow remote supervision of social worker trainees and remove in-person supervision requirements. Faced with the current shortage of healthcare personnel, remote supervision offers an innovative solution to address patient safety and quality issues while taking into account and supporting the capabilities of healthcare professionals.
- Technology-driven health policies. Pending legislation in Illinois, allowing audiologists and physicians to prescribe hearing aids in person or via telehealth, demonstrates the state’s recognition of technological advancement by allowing healthcare professionals to expand their services remotely . This initiative reflects a broader trend, indicating that as health care technology advances, specialists are increasingly exploring opportunities to expand their practice through telehealth modalities. With continued improvements in healthcare technologies, we can expect a continued move toward regulatory recognition of advanced healthcare technologies.
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