Resources & Reports

As the first quarter of the year begins to wind down, now is a good time to check in on the state telehealth legislation that has been introduced thus far in 2023. For those who may not know, in addition to CCHP’s Policy Finder where we track existing state telehealth laws, regulations, and Medicaid policies, we also track pending legislation and regulations for the 50 states, the District of Columbia and Puerto Rico.  Bills are still being introduced in some states, so this is by no means definitive as to what the state legislative landscape will look like for the full year, however we are able to get a sense of what policy issues appear to be rising to the top in 2023.

CCHP’s March Newsletter is Here! This month’s topics include – DEA Proposes In-Person Requirement, Resumes with Narrow Telehealth Allowances after PHE; Top 4 Provider Medicare FAQs with PHE Ending Announcement and Updated CMS Policy Documents; Congressmembers Request Telehealth Parity Guidance from Department of Labor; Developments in CCHP’s Telehealth Policy Finder and Policy Trends Map; Social Work Licensure Compact; Launch of New Home Test to Treat COVID Program.

As we head closer to the public health emergency (PHE) end date of May 11, 2023, recent actions and releases by both Congress and federal agencies paint a clearer picture of what the post-PHE federal telehealth policy landscape will look like.  In December 2022 with the passage of the Consolidated Appropriations Act of 2023 (2023 CAA), several major federal telehealth policy questions were addressed.

The Centers for Medicare and Medicaid Services (CMS) recently released an update to the Policy Manual for Rural Health Clinics (RHCs) and Federally Qualified Health Centers (FQHCs). The update included policy changes made previously by CMS through the 2022 and 2023 Final Physician Fee Schedules, but had not yet been incorporated officially into the FQHC/RHC policy manual.  To understand the impact of the policy changes, it’s first important to note that under permanent law, FQHCs and RHCs are not eligible distant site providers of telehealth services.

When discussing telehealth policy the focus is usually on laws, regulations or an administering agency’s policies. What sometimes gets overlooked or forgotten is the impact court decisions can have on how and how extensively telehealth can be used. In last week’s Center for Connected Health Policy (CCHP) newsletter, we mentioned two court cases were filed in federal court to challenge the more restrictive policies placed in two states on prescription-induced abortions.  The two cases are Bryant v. Stein et al in North Carolina and GenBioPro, Inc. v. Sorsaia and Morrisey in West Virginia.  Both cases are challenges to state laws that regulate medication assisted abortion by banning or limiting the prescribing and dispensing of mifepristone.