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Northwest Legislative/Regulatory

May 31, 2016

May 2016 Update

Center for Connected Health Policy


Please Note: CCHP has a pending legislation/regulation webpage updated regularly located at the following link: http://cchpca.org/state-laws-and-reimbursement-policies


LEGISLATION

Approved Legislation

State                       Bill#           Last Status                                   Summary

Alaska                     SCR 26        4/17/17: Adopted                     An act related to insurance coverage for mental health benefits provided through telemedicine.

New Mexico        SB78          3/9/16: Enacted                         This billwould allow the Board of Osteopathic Medicine to issue a telemedicine license to allow for the practice of osteopathic medicine across state lines.

Utah                        HB277       3/28/16: Enacted                      This bill creates the Digital Teaching and Learning Grant Program and makes allocations for the Utah Education and Telehealth Network program.

Utah                        HB 36          4/1/16: Chaptered                   This bill would create a Health Reform Task force which would (among other items)make recommendations on telehealth services.

Washington          SB 6519      3/29/16:Enacted                      This bill would expand patient access to health services through telemedicine by adding the home as an eligible originating site for private payer plans and establish a collaborative for the advancement of telemedicine.

Wyoming               SF 42           3/11/16:Chaptered                 This bill would amend the Occupational Therapy Practice Act by adding to it to the services that may be provided through the appropriate use of telecommunications services and other communication technologies and adds a definition for the term “Occupational Therapy Telehealth.” 


Pending Legislation

State                        Bill #          Last Status                                   Summary

Alaska                     HB234       5/26/16: Transmitted to Governor    An act related to insurance coverage for mental health benefits provided through telemedicine.

Alaska                     SB 74          4/17/16: Awaiting transmittal to Governor    SB74 would eliminate the current requirement in Alaska law that only an in-state provider may write a prescription for an Alaskan patient if the service took place via telehealth.  This bill would also establish a telemedicine business registry.


Legislative SessionEnded/Dead Bills

State                        Bill #          Last Status                                   Summary

Alaska                     HB 227       3/9/16: To House Committee on Finance       This bill would implement medical assistant reform measures.  This would include directing the department to enhance telemedicine capability and reimbursement to incentivize its use for Medicaid recipients.

Alaska   HB 237  3/23/16: Referred to House Committee on Finance         This bill would implement the interstate medical licensure compact.

Alaska   HB 238  4/17/16: House concurred in Senate amendments           This bill would implement the interstate medical licensure compact.

Alaska                     HCR30       4/17/16:  Passed Senate        This bill would create a telemedicine business registry.

Idaho                       HB 583       3/10/16: Referred to Health and Welfare Committee              This bill adds to existing law to provide for reimbursement of telehealth services.

Utah                        HB333       3/10/16: In House file for bills not passed       This bill would, among other items, create the Rural Health Care Access Restricted Account from which a pilot project would be funded at schools in rural areas where health care access is limited. At least three school nurses or athletic trainers will be involved and will provide physical and mental health services to students at the public school and the community. Services may be provided via telehealth through the Utah Education and Telehealth Network.

Utah                        HB340       3/10/16: In House file for bills not passed       This bill would amend the Medical Assistance Act and Public Employees’ Benefit and Insurance Program Act to provide coverage for certain telehealth services. Among other items, it would define terms, require a legislative study, describe responsibilities of providers offering telehealth services, and restrict the use of telehealth in prescribing abortion inducing medication.

Washington        HB 1403                3/10/16: 1st Special Session – Reintroduced and retained in present status.          Requires health plans to reimburse a provider for health service provided to a covered person through telemedicineor store forward technology under specified conditions.

Washington         HB 2452     3/10/16: By resolution, returned to House Rules Committee for third reading.            This bill would create the interstate licensure compact.

Washington          HB 2927     3/10/16: By resolution, reintroduced and retained in present status.                This bill would add to the currently existing definition of telemedicine in the section of law for health plans under the State Health Care Authority concerning mental and behavioral health to include consultations between providers if the consult meets certain parameters.

Washington          SB 5986     3/10/16: Reintroduced and retained in present status.            This bill would create a Board of Telemedicine.

Washington        SB6228 3/10/16: By resolution, reintroduced and retained in present status.       This bill would create the interstate licensure compact.

 

REGULATION

Adopted Regulation

State                  Reg.Citation       Status                     Summary

Idaho    IDAPA 16.03.09 2/1/16: Effective Date    Agency: Department of Health and Welfare

Amongother things, the rule would note that telehealth modalities are covered to theextent they are allowed under the rules of the applicable board of licensing.

Idaho    IDAPA 16.03.09 11/25/15:Adopted Rule                Agency:Department of Health and Welfare

This ruleadopts clarifying changes in current Medicaid practice regarding school-basedservices and therapy services.  Amongthese rules include allowing Community Based Rehabilitation Services Specialistto be supervised via telehealth when it is equally effective as direct on-sitesupervision.

Idaho    16.03.09               4/16/16: Approved as final rule  Title: Medicaid Basic Plan Benefits

Agency: Department of Health and Welfare

Clarifiesgaps that have been identified in these rules and adjust to changes in currentMedicaid practice regarding school-based services and therapy services.Further, rule changes are being proposed to adjust requirements currentlyresulting in unnecessary regulatory burdens on providers in their efforts toremain in compliance with the rules.

Idaho    IDAPA22.01.15 4/16/16: Approved Final Rule

Effective: 3/25/16            Title: TelehealthServices

Agency: Board of Medicine

The rulesclarify the obligations of the licensed health care provider in providingtelehealth services to Idaho citizens.

Oregon             OAR 847-008-0020,-0022, -0023, -0025, -0030, -0035, -0037, -0050, -0055, -0056, -050-0043,-070-0045                             1/8/16:Adopted rule                        The proposed rule amendments streamline thereactivation process so that OMB staff will collect much of the documentationpreviously required of the applicant. In addition, the amendments clarify whichlicense statuses are required to reactivate and provides one comprehensive ruleon the reactivation process. Finally, the rule amendments remove references topaper forms and affidavits in anticipation of moving the reactivationapplication to an online process. The amendments also contain minor grammar andhousekeeping changes.  Telemonitoringsection is also impacted.

Washington        WAC 182-537     3/10/16:  Effective           Agency:Health Care Authority/Washington Apple Health

Theproposed rule would amend sections related to school-based health services thatwould, among other items, allow the services to be provided via telemedicine.

Washington        182-537                3/23/16: Rule Adopted

Effective: 4/23/16            Title:Individuals with Disabilities Education Act

Agency: Washington Apple HealthThis rule would clarify that all servicesprovided under WAC 182-531-1730 can be provided through telemedicine.

Center for Connected Health Policy

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