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Legal / Policy

South Central Legislative/Regulatory Update – March 2018

By March 5, 2018May 4th, 2020No Comments

The following is a list of legislative activities compiled by the Center for Connected Health Policy (CCHP) for telehealth and telemedicine within the South Central region (AR, MS, and TN). Please Note: CCHP has a pending legislation/regulation web page located at the following link: http://cchpca.org/state-laws-and-reimbursement-policies

 

LEGISLATION

Pending Legislation

State Bill # Status Summary
Tennessee HB 1747 2/28/18: On Health Subcommittee calendar for 3/7 Adds trained and licensed education personnel to those persons who may staff telehealth services at a school site.
Tennessee HB 2091 2/28/18: Taken off notice for calendar in House Health Sub Committee Relates to Healthcare Liability; requires the commissioner of health to study and report on recommendations for legislation concerning telehealth and telemedicine under existing statutes to the health committee of the house of representatives and the Health and Welfare Committee of the Senate by January 15, 2019.

 
Tennessee SB 1778 1/25/18: To Senate Committee on Commerce and Labor Adds trained and licensed education personnel to those persons who may staff telehealth services at a school site.
Tennessee SB 2032 2/1/18: Referred to Senate Committee on Commerce and Labor. Relates to Healthcare Liability; requires the commissioner of health to study and report on recommendations for legislation concerning telehealth and telemedicine under existing statutes to the health committee of the house of representatives and the Health and Welfare Committee of the Senate by January 15, 2019.

 
Tennessee SB 2410/HB 2419 2/28/18: Taken off calendar for Local Government Subcommittee The comptroller of the Treasury shall study the feasibility of establishing an enterprise zone pilot project in the Orange Mound community in Shelby County. The pilot project would provide incentives for independent senior living facilities that would support independence for seniors by enabling them to receive telehealth services at home, and it would provide incentives to businesses and other entities that increase access to fresh produce and other health food for residents of the enterprise zone pilot project. The comptroller shall report findings, along with any recommendations, to the members of the general assembly no later than January 15, 2019.

 

Carry Over from 2017

State Bill # Status Summary
Tennessee HB 518 4/5/17: Taken off notice of cal. in s/c Health Subcommittee Requires the commissioner of health to study and report on recommendations for legislation concerning telehealth and telemedicine under existing statute.  The recommendations must examine the need for improving the effective use of telemedicine and telehealth among healthcare providers and insurers.
Tennessee SB 601 4/4/17: In Senate Committee on Commerce and Labor. Referred to General Subcommittee. Requires the commissioner of health to study and report on recommendations for legislation concerning telehealth and telemedicine under existing statute.  The recommendations must examine the need for improving the effective use of telemedicine and telehealth among healthcare providers and insurers.

 

Dead Legislation

State Bill # Status Summary
Mississippi HB 1130 1/30/18: Died in committee Allows telemedicine providers to provide substance use disorder treatment.
Mississippi HB 1229 1/16/18: To House Committee on Medicaid Authorizes House and Senate Medicaid Committees to hire a third-party consultant to review the Mississippi Medicaid program to improve efficiency and eliminate waste, including the optimization of the use of telemedicine.
Mississippi HB 799 1/30/18: Died in committee Provides that health insurance companies and employee benefit plans may limit telemedicine coverage to health care providers in network with the plan instead of in a telemedicine network approved by the plan; revises the definition of store and forward telemedicine services for the purposes of coverage and reimbursement for those services; revises the criteria for qualifying patients for remote patient monitoring services.
Mississippi SB 2840 2/27/18: Died in committee. Authorizes telemedicine providers to provide treatment of substance use disorders, including medication-assisted treatment.
Mississippi SB 2904 1/30/18: Died in committee Revises the provision which authorizes health care providers to offer telemedicine services; provides definitions and conditions on providers offering telemedicine services; authorizes the state board of medical licensure to promulgate rules relating to telemedicine with certain exceptions.

 

 

REGULATION

Pending Regulation

State Reg. Citation Status Summary
Mississippi Part 2635, Chapter 5, Rule 5.7

 

 12/11/17: Proposed rule

Comment Deadline: 12/5/18

 Title: Telemedicine

Agency: Board of Medical Licensure

Amends rules to include Level Two Hospital Trauma Centers as it relates to exceptions for requirements for 24 hour coverage.

 

Adopted Regulation

State Reg. Citation Status Summary
Arkansas 016.06.17

 

 9/20/17: Rule adoption

Effective: 9/30/17

 Title: Provider-Led Arkansas Shared Savings Entities

Agency: Division of Medical Services

A new Provider-Led Arkansas Shared Savings Entity (PASSE) Program policy manual is available for all PASSE providers.  Provides a definition for telemedicine and allows the required face-to-face encounter for care coordinators to take place over telemedicine.
Arkansas 067.00.17

 

 12/19/17: Adopted

Effective: 12/29/17

 Title: Advanced Practice Registered Nurse

Agency: Board of Nursing

Amends rules regarding advanced practice registered nurse.  Creates telemedicine standards for the profession.
Tennessee TAC 0800-2-17-.1-.25

 

 11/27/17: Rule Adopted

Effective: 2/25/18

 Title: Rules for Medical Payments

Agency: Division of Workers’ Compensation

For telehealth, states that the definitions, licensing and processes for the purpose of these rules shall be the same as adopted by the Tennessee Department of Health.  Reimbursement will be based on the applicable Medicare guidelines and coding for the different service providers.

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The South Central Telehealth Resource Center is made possible by Grant #U1UTH42528 from the Office for the Advancement of Telehealth, Health Resources and Services Administration, DHHS, and the support of the UAMS Institute for Digital Health & Innovation. Please note: This information, content, and conclusions are those of the author and should not be construed as the official position or policy of, nor should any endorsements be inferred by HRSA, HHS or the U.S. Government. The information and tools presented on the SCTRC website should not be considered legal advice. The SCTRC is not guaranteeing that any information provided will result in reimbursement from a payer. All materials are strictly for informational and educational purposes. The SCTRC encourages you to check with the appropriate state agency for further information and direction for legal opinions, interpretation of the laws, regulations, and/or policies. Additionally, please consult with your legal counsel or attorney if seeking legal opinions. © 2024 Board of Trustees of the University of Arkansas acting for and on behalf of the University of Arkansas for Medical Sciences. All Rights Reserved.