Resources & Reports

In December of 2023, a lawsuit was filed in the US District Court for New Jersey, Shannon MacDonald, MD, et al v. Otto Sabando.  In the filing, the plaintiffs (MacDonald and others) claim that New Jersey’s licensure restrictions on the use of telehealth are unconstitutional. Licensure of medical professionals, in this case physicians, is in the jurisdiction of states to decide and regulate. However, the MacDonald v. Sabando case is making the argument that New Jersey’s licensure laws violate the US Constitution as they infringe on basic rights everyone has and therefore should be struck down.

While cybersecurity attacks on hospitals and other health care-related entities are not new, in recent years we have begun to see a steady increase of attacks.  According to the Office of Civil Rights (OCR), from 2018 to 2022, there was a 93% increase in large security breaches within healthcare entities.  When health care systems undergo a cybersecurity attack, not only are patients’ sensitive information put at risk, but there can be an impact on direct patient care that can last weeks, such as delayed procedures, patients being routed to other facilities, and cancelled appointments.

Last month the National Institutes of Health (NIH)  announced an expansion of the Home Test to Treat Program, which began during the pandemic to offer free COVID-19 virtual health services, including at-home tests and treatments, as well as telehealth visits. The program has now been expanded to include testing, treatment, and telehealth visits related to the flu. Home testing technology offered initially will be the Pfizer COVID-19 & Flu Home Test, which is the first U.S. Food and Drug Administration (FDA) approved test that can detect both viruses at the same time.

As we enter this new year, CCHP is offering reminders and resources related to the current status of telehealth policy across the country.

As 2023 comes to a close, the Center for Connected Health Policy (CCHP) is releasing its annual roundup of 2023 State Legislation.  This year, many state legislatures persisted in aligning with trends observed in 2022 to refine, expand and impose additional safeguards on telehealth, with a particular focus on the audio-only modality that gained prominence during the COVID-19 pandemic. Noteworthy changes included more specificity in many states as to the types of services and providers that are both allowed to deliver services via telehealth, as well as what is reimbursed.  Individual state licensing requirements continue to pose a challenge for providers, as states sought to address concerns through a variety of methods, including interstate compacts, and/or special registration processes or telehealth exceptions.