Telemedicine History

remote health servicesThe state of Alaska is making history with Senate Bill 74.  While the bill has not been passed yet there are a number of initiatives surrounding this bill that merit everyone’s attention. First and foremost, the bill has the support of the Federal Trade Commission.  This is quite important as it is uncommon for any Federal Organization to get involved in State Legislature.  The FTC mission is to protect consumers and promote competition.  Under this mantra is that the FTC considers their input relevant as it regards Senate Bill 74. In a letter regarding this subject Ms. Marina Lao, Director Office of Policy Planning, wrote: “By enacting ALASKA STAT. § 08.64.364, the Alaska legislature determined that Alaskans would benefit from increased access to telehealth services by eliminating the in-person physical examination requirement under certain circumstances. That provision did not extend to physicians licensed in Alaska, but located out-of-state. FTC staff urges the legislature to consider whether there are any legitimate health or safety justifications for prohibiting physicians licensed in Alaska, but located out of state, from providing telehealth services in the same manner as instate physicians. By eliminating the “in-state” requirement, SB 74 would likely expand the supply of telehealth providers, promote competition, and increase access to safe and cost effective care. It could also reduce transportation costs for Alaska patients and providers. For these reasons, the elimination of the “in-state” requirement by SB 74 appears to be a procompetitive improvement in the law that would benefit Alaska health care consumers, including its most vulnerable populations.” As stated in the bill Providers that do not live in Alaska but have active licensed in the state may diagnose, treat and prescribe drugs to patients via “audio, video, or data communications” without a prior physical examination. The bill also allows behavioral health professionals the ability to provide services remotely as long as they have an active license in the state. Other states and Payers are also moving forward with telemedicine as follows:

  • Blue Cross Blue Shield of Alabama will reimburse for some telemedicine services
  • BlueCross BlueShield of South Carolina is now offering telehealth to certain members through a program called Blue CareOnDemand.
  • The District of Columbia has become the first entity of its kind to propose telemedicine practice rules.  Some of the topics covered under this rule includes:
      • Telemedicine was defined as the treatment of a patient in another location “through the use of health information and technology communications, subject to the existing standards of care and conduct.”
      • Telemedicine does not apply to audio-only telephone conversations, or treatment by email, instant messaging or fax
      • Providers must hold an active D.C. medical license to perform telemedicine services.
      • For any services rendered outside of D.C., the provider must be licensed for the state in which the physician is physically located and where the patient is physically located.
      • A valid doctor-patient relationship must be established beforehand, though that doesn’t require an in-person visit as long as that visit includes real-time communication between doctor and patient, the article said.
      • The physician must create and maintain adequate records of the encounter that must go into the patient’s medical record.
  • Texas Board of Examiners requires licensed professionals to practice in Texas and perform a face-to-face intake session before a telehealth counseling
    • Florida Legislature unanimously approved a bill to set up a Telehealth Advisory Council to make recommendations about the regulation of telehealth services.
    • Mississippi requires private insurance to pay for telemedicine services at the rate it does for in-person care.
    • Telemedicine was defined as the treatment of a patient in another location “through the use of health information and technology communications, subject to the existing standards of care and conduct.”
    • Telemedicine does not apply to audio-only telephone conversations, or treatment by email, instant messaging or fax
    • Providers must hold an active D.C. medical license to perform telemedicine services.
    • For any services rendered outside of D.C., the provider must be licensed for the state in which the physician is physically located and where the patient is physically located.
    • A valid doctor-patient relationship must be established beforehand, though that doesn’t require an in-person visit as long as that visit includes real-time communication between doctor and patient, the article said.
    • The physician must create and maintain adequate records of the encounter that must go into the patient’s medical record.

As seen by the information gathered all states are looking into the telemedicine option but each one is at a different stage at this time so is important to check with your own state licensing and legislature before embarking into any telemedicine option.  Regardless and based on the trend, telemedicine is here to stay.