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Telehealth NewsNorthwest Legislative/Regulatory Update

Northwest Legislative/Regulatory Update

September 01, 2016

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

Highlights since last update:
Regulation has been proposed by the Department of Commerce, Community and Economic Development to establish the Telemedicine Business Registry that was included in SB 74 when it was passed.
LEGISLATION
Pending Legislation

Montana
D. 288
9/2/16: Draft request received
Revises insurance laws regarding payment for certain telemedicine services; relates to health care services; relates to insurance.

Approved Legislation

Alaska
HB 234
6/13/16: Enacted
An act related to insurance coverage for mental health benefits provided through telemedicine.

Alaska
SB 74
6/21/16: Chaptered
SB 74 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.

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

Utah
HB 277
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 Taskforce 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.”

Legislative Session Ended/Dead Bills

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
HCR 30
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
HB 333
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
HB 340
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 telemedicine or 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
SB 6228
3/10/16: By resolution, reintroduced and retained in present status.
This bill would create the interstate licensure compact.


REGULATION
Pending Regulation

Alaska
12 AAC 02.106, .600, .610, .690
09/20/2016 Proposed Rule
Comment Deadline: 10/24/2016
Title: Telemedicine Business Registry
Agency: Department of Commerce, Community and Economic Development
Establishes rules regarding telemedicine business registry requirements for health care providers delivering services.

Washington
WAC 182-551-2010, -2030, -2125, -2130, -2210
05/18/2016 Preproposal Statement of Inquiry
Title: Home Health Services
Agency: Washington Apple Health
Amends rules to comply with new federal regulations requiring that physicians document the occurrence of a face-to-face encounter (including through the use of telemedicine) within reasonable time frames when ordering home health services for Medicaid eligible clients.

Adopted Regulation

Idaho
IDAPA 16.03.09
2/1/16: Effective Date
Agency: Department of Health and Welfare
Among other things, the rule would note that telehealth modalities are covered to the extent 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 rule adopts clarifying changes in current Medicaid practice regarding school-based services and therapy services. Among these rules include allowing Community Based Rehabilitation Services Specialist to be supervised via telehealth when it is equally effective as direct on-site supervision.

Idaho
16.03.09
7/1/16: Adopted
Title: Medicaid Basic Plan Benefits
Agency: Department of Health and Welfare
Clarifies gaps that have been identified in these rules and adjust to changes in current Medicaid practice regarding school-based services and therapy services. Further, rule changes are being proposed to adjust requirements currently resulting in unnecessary regulatory burdens on providers in their efforts to remain in compliance with the rules.

Idaho
IDAPA 22.01.15
4/16/16: Approved Final Rule
Effective: 3/25/16
Title: Telehealth Services
Agency: Board of Medicine
The rules clarify the obligations of the licensed health care provider in providing telehealth 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 the reactivation process so that OMB staff will collect much of the documentation previously required of the applicant. In addition, the amendments clarify which license statuses are required to reactivate and provides one comprehensive rule on the reactivation process. Finally, the rule amendments remove references to paper forms and affidavits in anticipation of moving the reactivation application to an online process. The amendments also contain minor grammar and housekeeping changes. Telemonitoring section is also impacted.

Oregon
OAR 836-053-0300, -0310, -0320, -0330, -0340, -0350
9/14/16: Rule Adopted
Effective: 9/14/16
Title: Standards for the Adequacy of Networks
Agency: Department of Consumer and Business Services
This rule would require annual reports to establish network adequacy, which must include how the use of telemedicine or telehealth or other technology may be used to meet network access standards.

Washington
WAC 182-537
3/10/16: Effective
Agency: Health Care Authority/Washington Apple Health
The proposed rule would amend sections related to school-based health services that would, 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 Health
This rule would clarify that all services provided under WAC 182-531-1730 can be provided through telemedicine.
CCHP

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