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On July 1, 2021, the California Department of Public Health (“CDPH”) issued new regulations[1] (the “Regulations”) effective immediately that more narrowly limit the circumstances under which instances of unauthorized access to medical information have to be reported to CDPH.  The new regulations also give CDPH more discretion to adjust penalties for violations.  The Regulations complement Section 1280.15 of the Health and Safety Code (“Section 1280.15”) requiring state-licensed clinics, health facilities, home health agencies, and hospices to prevent any unlawful or unauthorized access to, or use or disclosure of, a patient’s medical information, and to report any unauthorized access, use or disclosure to the Department no later than fifteen (15) business days after the breach was detected.
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Continue Reading California Issues New Health Facility Breach Reporting Requirements

On June 23, 2021, Delaware Governor John Carney signed House Bill 160, the Telehealth Access Preservation and Modernization Act of 2021 (the “Bill” or “HB160”) which continues and enhances Delaware residents’ access to telehealth services and, through the adoption of the Interstate Medical Licensure Compact (the “Compact”), ensures that telehealth services can be provided through qualified medical practitioners in a streamlined and efficient pathway to licensure that, according to the Bill’s supporters, meets the health care delivery system needs of the 21st century.
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Continue Reading The “State” of Telehealth: Delaware Expands Access to Telehealth

On June 1, 2021, the Oregon Governor, Kate Brown, signed House Bill 2508A (“HB2508A” or the “Bill”) which, among other things, requires parity for healthcare services delivered through telehealth, upon satisfaction of certain criteria. The Bill expands coverage of and reimbursement for telehealth services in Oregon, promoting equitable and safe access to care.…
Continue Reading The “State” of Telehealth: Oregon Looks to Provide Parity for Telehealth

On May 30, 2021, Illinois lawmakers passed House Bill 3308 (“HB3308” or the “Bill”) aimed at expanding the use of telehealth services in the state. The Bill would increase access and coverage to telehealth by establishing payment parity for behavioral health and substance abuse services and by establishing a panel to study payment parity for all telehealth services.…
Continue Reading The “State” of Telehealth: Illinois Moves to Expand Telehealth Coverage

In our January 26, 2021 blog post “Permanency for Out of State Telehealth Services? Arizona Seeks to Make Permanent Changes to Licensure Requirements”, we discussed Arizona’s push to make permanent resolutions to the temporary telehealth exceptions issued in connection with the public health emergency (the “Pandemic”). In that article, we also noted that Arizona Governor, Doug Ducey, as part of his “State of the State” address, proposed permanent changes to healthcare access which would allow Arizona residents to access healthcare providers through the use of telemedicine.  As of May 5th, we have begun to see the first steps in implementing those changes.…
Continue Reading The “State” of Telehealth: Arizona (Part 2) Arizona Is All-in On Telehealth

Utah Bill Uses Telehealth to Address Mental Health

On March 2, 2021, Utah Governor, Spencer Cox, signed Senate Bill 41 (“SB41”) into law. The bill, sponsored by State Senator Luz Escamilla, allows coverage for mental health services delivered by telehealth – often referred to as “telemental health” services.  While we have seen many states move to create greater access to telehealth services in efforts to address the current public health crisis (the “Pandemic”), Utah is one of the first states to expand telehealth coverage to address the mental well-being of its citizens.  In a statement to State of Reform, Sen. Escamilla noted that “mental health is becoming a big crisis and in our state we’re seeing an increase in needs, and access has become very limited.”…
Continue Reading The “State” of Telehealth: Utah

Virginia is now the second state, after California, to pass a comprehensive privacy law. The Consumer Data Protection Act (“CDPA”) will come into effect January 1, 2023 (the same time as the modification to California’s Consumer Privacy Act (“CCPA”), i.e., the California Privacy Rights Act (“CPRA”)). While CDPA has fairly broad exemptions for entities regulated by other laws, such as HIPAA, there is also a new “opt-in” requirement for collecting “sensitive data.”…
Continue Reading What Virginia’s New Privacy Law Means for Organizations in the Healthcare Industry

West Virginia Bill Seeks to Regulate Parity and Out-of-State Providers

On February 10, 2021, members of the West Virginia Legislature introduced Senate Bill 1 (“SB1”) which seeks to regulate the use of telemedicine in the state. If passed, the proposed bill would require the Public Employees Insurance Agency, Medicaid and specified insurance plans to cover telehealth services at the same rate as in-person healthcare, starting July 1, 2021. The bill would also permit healthcare providers who are licensed in other states to provide telehealth services in West Virginia.…
Continue Reading The “State” of Telehealth: West Virginia

Washington State Seeks to Make Audio-Only Telehealth Permanent

On February 5, 2021, Washington State Rep. Marcus Riccelli introduced House Bill 1196 (“HB-1196”) which seeks to set specific guidelines for use and coverage of audio-only telehealth platforms, such as the phone. HB-1196 would mandate coverage for audio-only telehealth beyond the public health emergency (the “Pandemic”) as long as the service met certain requirements. The bill was passed almost unanimously by the House on February 24, 2021 and is now before the state Senate.…
Continue Reading The “State” of Telehealth: Washington