Telehealth Regulations During COVID-19: What You Need to Know About State-by-State Changes

The government passed H.B. 1183 on 27th March 2023. This law is directly linked with the occupational therapy licensure compact. The government also altered some previous telehealth regulations made in 2020.

The Occupational Therapy Licensure Compact is an agreement among multiple states in the United States to recognize each other’s occupational therapy licenses. This means that if a state joins the Compact, occupational therapists and their assistants who are licensed (and in good standing in that state) can practice in other Compact member states without having to obtain additional licenses.

For example, if an occupational therapist is licensed in a Compact member state and wants to practice in another Compact member state, they can do so without having to go through the process of obtaining a new license in the other state. This makes it easier for occupational therapists and their assistants to work across state lines, which can be especially helpful for those who work in telehealth or in border areas where they may serve clients who live in neighboring states.

Overall, joining the Occupational Therapy Licensure Compact can benefit both occupational therapy professionals and the clients they serve by reducing administrative burdens and making it easier for professionals to provide care across state lines.

The state government passed three different bills on 15th March 2023:

1. H.B. 152

This law prohibits healthcare providers from using telemedicine to diagnose, treat, or prescribe drugs based solely on an online questionnaire, email message, or patient-generated medical history.

Telemedicine is a type of healthcare service that uses electronic communication technologies such as video conferencing, online chat, or email to provide remote medical consultations, diagnosis, and treatment.

This law is aimed at ensuring that patients receive safe and effective care and that healthcare providers have access to accurate and complete medical information before making any medical decisions.

Now, telemedicine consultations must include a thorough medical examination and assessment by a licensed healthcare provider, and drugs can only be prescribed after an in-person examination or appropriate diagnostic testing has been conducted.

2. H.B. 159

This law allows healthcare providers with a temporary license for telemedicine to offer telehealth services to patients located in Utah without requiring a Utah license.

As long as the provider holds a license from another state and providing the service does not violate state law.

This means that out-of-state providers who hold a temporary telemedicine license in Utah can provide telehealth services to patients in Utah without having to go through the process of obtaining a Utah medical license.

The law also requires the state to offer a temporary license to physicians who have applied for licensure by endorsement but their application cannot be processed within 15 days. This temporary license will enable the physician to provide telehealth services to patients in Utah while they are waiting for their full license to be processed.

Overall, the purpose of this law is to increase access to telehealth services for patients in Utah by allowing licensed healthcare providers to offer their services without being hindered by state licensing requirements.

3. H.B. 437

This law states that the Medicaid program must provide reimbursement for healthcare services that are delivered over the phone without any video component.

Patients who are unable to use video conferencing technology to connect with their healthcare providers can still receive care remotely via audio-only telehealth services, and the Medicaid program will cover the costs of those services.

This could be particularly beneficial for patients who live in rural areas or who have limited access to high-speed internet or video-capable devices.