Rotator-Graphic_PendingLegislation-300x101The following is a list of legislative activities for telehealth and telemedicine within the South Central region (AR, MS and TN).  A special thanks goes to the Center for Connected Health policy for providing this information. You may visit their webpage by clicking the following link:  http://telehealthpolicy.us/laws/pending/state

Pending legislation and regulation webpage

LEGISLATION

Approved Legislation

State Bill # Status Summary
Mississippi HB 41 5/16/16: Signed by Governor Enacts into law the interstate medical licensure compact and provide that the state enters the compact with other States that join in the compact; authorizes the State Board of Medical Licensure to implement the provisions of the interstate medical licensure compact.
Tennessee HB 2331

(Companion Bill SB 2373)

5/2/16: Chaptered. This bill would eliminate the requirement that a healthcare services provider be at a hospital or other qualified site for the service to be considered telehealth services for insurance purposes; requires health insurance entities to reimburse healthcare service providers at the same rate for telehealth services as for in-person encounters.
Tennessee SB 1214 4/29/16: Chaptered This bill defines teledentistry as the delivery of dental health care and patient consultation through the use of telehealth systems and technologies; authorizes dentists, dental hygienists, and dental assistants to utilize the practice of teledentistry; provides that any use of teledentistry is required to be provided in accordance with the rules of the Board of Dentistry.
Tennessee SB 2373 (Companion Bill HB 2331) 5/2/16: Chaptered This bill would eliminate the requirement that a healthcare services provider be at a hospital or other qualified site for the service to be considered telehealth services for insurance purposes; requires health insurance entities to reimburse healthcare service providers for telehealth services at a rate that is consistent with in-person encounters.

 

Legislative Session Ended/Dead Bills

State Bill # Status Summary
Mississippi HB 1177 2/23/16: Died in Committee This bill would define and regulate the practice of telemedicine.
Mississippi HB 1178 3/22/16: Died in Committee This bill would define and regulate the practice of telemedicine.
Mississippi HB 1187 2/23/16: Died in Committee This bill would define the practice of telemedicine and require certain standards among other items.
Mississippi HB 1192 3/22/16: Died in Committee This bill prohibits health insurers, health care subscription plans and health maintenance organizations from denying payment for diagnosis, treatment, or consultation provided by telemedicine if that service would be covered if it had been provided in person; provides that any such entity that denies payment for services required under this act shall be subject to penalty by the Commissioner of Insurance for the cost of the denied service and a punitive fine for each violation occurrence.
Mississippi HB 408 4/5/16: Died in Committee This bill would provide an income tax credit to employers who pay costs in connection with a qualified wellness program.  The program must consist of a number of components, including a supportive environment component, which includes access to health options at the workplace which could include on site and/or telehealth services.
Mississippi HB 829 2/23/16: Died in Committee Requires the state and school employees’ health insurance management board to establish a pilot program for urgent healthcare services using a telemedicine kiosk model managed by the University of Mississippi medical center.
Mississippi SB 2071 2/23/16: Died in Committee This bill would amend the Medical Practice Act to provide sections that will define telemedicine, provide standards for providing treatment via telemedicine and authorize the Mississippi Board of Medical Licensure to promulgate rules relating to telemedicine.
Mississippi SB 2171 2/23/16: Died in Committee Requires the state and school employees’ health insurance management board to establish a pilot program for urgent healthcare services using a telemedicine kiosk model managed by the University of Mississippi medical center.
Mississippi SB 2412 3/22/16: Died in Committee This bill would enact the medical licensure compact.

 

Mississippi SB 2460 2/23/16: Died in Committee This bill would authorize and direct the Division of Medicaid to issue a request for proposals for the implementation of a Medicaid Primary Care Case Management shared savings program pilot that would include, among other items,  require an individual care plan for each participant who is considered chronically ill and generating  a large percentage of health care costs that would include improved access and availability to specialty services via telemedicine for the rural populations/practitioners.
Mississippi SB 2517 2/23/16: Died in Committee This bill would define telemedicine services in the medical practice act, provide standards for physicians utilizing telemedicine and create civil penalties for health insurers who denies payment for services delivered via telemedicine.
Mississippi SB 2742 2/23/16: Died in Committee This bill would prohibit a health insurer from denying payments for diagnosis, treatment or consultation provided via telemedicine if it would be covered if done via in-person.

 

REGULATION

Pending Regulation

State Reg. Citation Status Summary
xArkansas 060.00.16 4/27/16: Proposed rule

Comment Deadline: 6/9/16

Title: Regulation 38

Agency: Medical Board

Establishes rule pertaining to telemedicine and the requirement for all services provided by physicians.Would require that the initial administration of an abortion inducing drug be done in the physical presence of the physician who prescribed, dispensed or otherwise provided it.

Arkansas 007.05.16 6/9/16: Proposed

Comment Deadline: 7/26/16

Title: Abortion Facilities

Agency: Health Facility Services

This bill would prohibit drug induced, chemical and surgical abortions be performed by telemedicine.

Arkansas 016.06.16 6/24/16:  Proposed

Comment Deadline: 7/26/16

Title:  Rehabilitative Services for Persons with Mental Illness

Agency: Division of Medical Services

This rule would provide billing information for billing for rehabilitative services delivered through telemedicine, among other components.

Arkansas 060.00.16 Status: 8/22/16 Proposed

Comment Deadline: 10/6/16

Title:  Regulation 38: Telemedicine

Agency: AR Medical Board

Amends rule concerning telemedicine to establish a requirement for physicians to provide services.  Specifically, it eliminates the section of the rule which states that a telemedicine vendor of a patient completing a medical history online and forwarding it to a physician does not qualify as store and forward technology.

Mississippi Uncodified 8/12/16: Proposed Rule

Comment Deadline: 9/6/16

Title:  Workers’ Compensation Medical Fee Schedule

Agency: Workers’ Compensation

Summary:  Amends rules in order to maintain the efficiency of the Workers’ Compensation Medical Fee Schedule as a cost containment tool and to adjust the maximum fees allowed by the Schedule.  The regulation defines telemedicine, tele-emergency medicine and establishes that the location of service is the location of the patient and that physicians must hold valid Mississippi licenses to practice telemedicine in Mississippi.  However, a valid Mississippi license is not required where the evaluation, treatment, and/or medicine given to be rendered by a physician outside of Mississippi is requested by a physician duly licensed to practice medicine in Mississippi, and the physician who has requested such evaluation, treatment and/or medical opinion has already established a doctor/patient relationship with the patient to be evaluated and/or treated.

Adopted Rules

State Bill # Status Summary
Arkansas 060.00.16 6/17/16: Rule Adoption
Effective: 6/27/16
Would require that the initial administration of an abortion inducing drug be done in the physical presence of the physician who prescribed, dispensed or otherwise provided it.
Arkansas 060.00.16 8/25/16: Rule Adopted
Effective: 9/4/16
Title: Regulation 2.8

Agency: Medical Board

The rule amends section concerning the Medical Practices Act that authorizes the State Medical Board to revoke or suspend the license issued to practice medicine if the holder thereof has been found guilty of grossly negligent malpractice.  Specifically, it allows a physician/patient relationship to be established using real time audio and visual telemedicine technology.

Mississippi Part 225, Chapter 1, Rule 1.2 3/2/16: Rule Adoption

Effective: 5/1/16

For Medicaid, would allow Licensed Professional Counselors to be distant site providers and be an originating site tele-presenter to enable the collection of an originating site fee.