Big news to share + 3 updates

Welcome back! We’ve had a whirlwind couple of weeks around here, and we’re excited to share three things with you before we get to today’s updates.

1. We’re growing to serve you better! Click to find out more about our new Partner, Michael Pappas, and our new Special Counsel collaboration. Bottom line for you: more resources and experience in #DataAnalytics, complex #corporatetransactions, #VentureCapital and #StartupFundraising, and #MergersandAcquisitions.
2. We were at #ViVE2024 last week, and all anyone could talk about was #AI and #LLMs. If you’re curious about AI law and policy for digital health innovators, be sure to sign up for our webinar on March 14. This is the first of a series we’re doing this year to help you stay updated on legal risks and opportunities with this evolving technology. 
3. Speaking of ViVE2024, if you didn’t attend (or even if you went), you’ll get helpful recaps and insights by visiting the LinkedIn profiles of Carrie Nixon, Rebecca Gwilt, and Mike Pappas. 

Now, let’s get to the updates!

Delaware

Adds Optometry Telehealth Requirements 

TLDR: Effective February 11, 2024, the Delaware Board of Examiners in Optometry will implement new requirements for care provided via telehealth. First, to practice telehealth in Delaware, optometrists must either have an active Delaware license in good standing or have a valid interstate telehealth registration.  Second, before providing services through telehealth, the optometrist must gain written informed consent that acknowledges specific risks and limitations associated with electronic communication. Third, the optometrist shall maintain confidentiality through appropriate processes, practices, and technology, including disposing of electronic equipment and data. Fourth, with few exceptions, all initial evaluations must be performed face-to-face and not through telehealth or the internet. Finally, the optometrist shall document telehealth services in the file or record. 

Takeaways: 

• To practice telehealth, Optometrists must be appropriately licensed, get the appropriate written informed consent, maintain confidentiality, comply with initial evaluation requirements, and document the provided telehealth services. 
• Initial evaluations shall be performed face-to-face unless another Delaware-licensed optometrist or ophthalmologist is present with the patient at the time of diagnosis, or unless the provider meets the standard of service that is needed for establishing a health-care provider-patient relationship as part of an evidence-based clinical practice of medicine. 
• Check out full revisions here. 

Illinois

Amends Medicaid To Allow Easier Access to Telehealth Behavioral Health Services 

TLDR: Effective January 1, 2024, Illinois managed Medicaid plans must cover behavioral telehealth services regardless of whether in-person contact between a behavioral healthcare professional and a patient occurred before the service. Additionally, Illinois Medicaid cannot require patients, behavioral health care professionals, or behavioral health facilities to prove or document a hardship or access barrier to an in-person consultation as a condition to receiving behavioral telehealth coverage and reimbursement. These changes will (1) ensure behavioral telehealth services are equitably provided to beneficiaries and (2) remove unnecessary barriers to care. 

Key Takeaways:

• Illinois’ amendments to Medicaid remove any requirement that the behavioral health care professional be physically present in the same room as the patient unless medically necessary. 
• Illinois Medicaid will reimburse a behavioral health care professional for telehealth services on the same basis and at the same rate as if those services were provided in person as long as those services can be billed in person.
• Check out the full revisions here. 

South Dakota

Enters Social Work Licensure Compact

TLDR: Effective July 1, 2024, South Dakota will enter the new Social Work Licensure Compact. This will enable licensed social workers in South Dakota to practice in other Compact states. It will also enable social workers licensed in other Compact states to practice in South Dakota without the need to obtain additional licenses. South Dakota joins Missouri as the two states that have entered into the Compact, which does not go into effect until seven states have joined.

Key Takeaways:

• The Compact will facilitate multistate practice of social work among member states and expand access to care. 
• Under the Compact, social workers who are licensed in member states have the right to practice in any member state via telehealth under a privilege to practice.
• Check out the full revisions here.

And that brings another issue to a close.

Thank you for reading! If you’re a Nixon Gwilt Law client, you can rely on our steady guidance as healthcare laws and policies evolve. If you're not yet a client, click here to learn more about how we empower innovation. 

Want even more insights on healthcare innovation? Check out our latest monthly email for healthcare leaders by clicking here. 

And if you found this newsletter helpful, please comment, share or forward to help other people find us. 

See you next time!