Resources & Reports

CCHP’s February Newsletter is here! This month’s topics include – Health Systems Rally for Data Sharing Rights with Tech Giants; Lawmakers Advocate for Permanent Expansion of Telehealth Services in Post-Pandemic Era; Latest Policy Developments in CCHP’s Telehealth Policy Finder and Policy Trends Map; California Unveils Complimentary Online Behavioral Health Services for Kids and Families; FCC Announces Gradual Conclusion of Affordable Connectivity Program; ONC Final Rule Enhances Health IT Interoperability and Certification; Unlocking the Potential of Remote Patient Monitoring: Insights from the Bipartisan Policy Center’s Report; Audio-Only Telehealth Enhances Quality of Life for Chronic Disease Patient; Dive into Telehealth Policy with CCHP Executive Director, Mei Kwong!; Empowering Community Health Centers: Explore CCHP and NACHC’s Comprehensive Telehealth Resources.

On January 31, 2024, the Department of Health and Human Services (HHS)  finalized rules for the prescribing of buprenorphine through the use of telehealth (rules first proposed in December 2022). In these final rules, opioid treatment programs (OTPs) will be able to use telehealth to prescribe buprenorphine without an in-person visit. It is important to note that these final rules are not in regard to using telehealth to prescribe a controlled substance in general. This is a very specific rule that applies to OTPs and the use of telehealth to prescribe buprenorphine with some additional applications specifically to methadone.  The broader policy of using telehealth to prescribe controlled substances without an in-person visit (or meeting one of the narrow exceptions found in federal statute) still remains a temporary allowance through the end of 2024.

A recent evaluation of e-visits published by JAMA Network, National Trends in Billing Secure Messages as E-Visits, highlights policy impacts on the often overlooked asynchronous telehealth modality. Within policy discussions much focus is often given to synchronous telehealth, which is live and real-time video conferencing or audio-only visits. However, asynchronous or, store-and-forward telehealth, such as secure messaging, offers additional opportunities and flexibilities for providers and patients, given that it does not occur in real-time.

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.