Regulatory Information

Federal Updates

Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2019

· Introduced 10/30/2019 by Senators Schatz (D-HI), Wicker (R-MS), Cardin (D-MD), Thune (R-SD), Warner (D-VA) and Hyde-Smith (R-MS)
· InSight is an endorsing organization on this bill, joining 120 other organizations
· Key takeaways:
o The Act would expand the use of telehealth services within Medicare
§ For telemental health services, the Act would:
· Add the home to the list of eligible originating sites
· Remove the geographic restrictions on all originating site locations

SUPPORT for Patients and Communities Act
· Signed into law in October 2018
· The Act is a package of bills intended to combat the growing opioid crisis in the United States
o Section 3232
§ Requires the DEA to create the special registration for telemedicine no later than one      year after the Act’s enactment
· To date, the registration has not been promulgated

Telemental Health Expansion Act
· Introduced by Representatives Matsui (D-CA) and Johnson (R-OH)
· Key takeaways:
o The Act aims to tackle the current Medicare restrictions on telemental healthservices,
specifically
§ Would remove the geographic restriction requirement

State Updates

California
· AB 744
· Signed into law 10/13/19 by Governor Newsom
· Key takeaways:
o Payers are required to reimburse healthcare providers for telehealth services “on the same basis and to the same extent” as they cover in-person services

Pennsylvania
· Proposed bill: SB 857
· Key takeaways:
o Would establish definitions for telemedicine and telehealth
o Allow providers and insurers to negotiate for telehealth coverage

Wisconsin
· SB 380 enacted 11/25/19 by Governor Evers
· Key takeaways:
o The Department of Health Services must treat telehealth services the same as in-
person services
o WI Medicaid must reimburse for the same telehealth services that Medicare covers
o Removes the telehealth provider certification requirement
o WI Medicaid cannot deny coverage based on the location of the patient

Policy Reports

Fall 2019 50-State Telehealth Laws & Reimbursement Policies
– Center for Connected Health Policy (CCHP)
– Key findings:
o 50 states and Washington, DC provide reimbursement for some form of live video in Medicaid fee-for-service
o 14 state Medicaid programs reimburse for store-and-forward
o 22 state Medicaid programs provide reimbursement for remote patient monitoring (RPM)
o 8 Medicaid programs reimburse for all three (live video, store-and-forward, RPM)

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2019 50-State Survey of Telehealth Commercial Payer Statutes
– Foley & Larder
– Key findings:
o As of October 2019, 42 states and DC have some sort of telehealth commercial payer statue
o 16 states have laws on reimbursement for telehealth services, but only 10 of them offer true payment parity
o California law represents some of the best-in-class model language with regard to payment parity language

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Federal Communications Commission (FCC) Report
– The report seeks to identify state, local and Tribal regulatory barriers and incentives for telemedicine utilization.
– Key findings:
o “People-based” issues, not technology-based issues, are some of the most significant challenges when it comes to the adoption of telemedicine services

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